Five Justices of the Supreme Court really stepped up this week to win the award running away. Led by Anthony Kennedy, the liberals on the SCOTUS granted non-citizens, people who have never set foot in the United States, people arrested in the battlefield attempting to murder Americans the same rights and protections the US Constitution used to reserve for us.
Why would they do such a thing? Left-wing guilt and a desire to impose law rather than judge it. That’s really the only explanation.
Think what you will of the concept of Gitmo and military trails for people held there, but never before has the Constitution applied to non-citizens not in this country. If you don’t like it, change to Constitution, but you can’t just read it differently to find what you want it to mean. It was made to amended, to be changed, not read differently based upon the whims of the Supreme Court.
To reach yesterday’s decision, Justice Kennedy also had to dissemble about Justice Robert Jackson’s famous 1950 decision in Johnson v. Eisentrager. In that case, German nationals had been tried and convicted by military commissions for providing aid to the Japanese after Germany’s surrender in World War II. Justice Jackson ruled that non-Americans held in a prison in the American occupation zone in Germany did not warrant habeas corpus. But rather than overrule Eisentrager, Mr. Kennedy misinterprets it to pretend that it was based on mere “procedural” concerns. This is plainly dishonest.
By the logic of Boumediene, members of al Qaeda will now be able to challenge their status in court in a way that uniformed military officers of a legitimate army cannot. And Justice Scalia points out that this was not a right afforded even to the 400,000 prisoners of war detained on American soil during World War II. It is difficult to understand why any terrorist held anywhere in the world – whether at Camp Cropper in Iraq or Bagram Air Base in Afghanistan – won’t now have the same right to have their appeals heard in an American court.
Let’s hope that Justice Antonin Scalia turns out to be wrong when he wrote that the ruling “will make the war harder on us. It will almost certainly cause more Americans to be killed.”
Can’t really see how that’s possible, sadly.
For your bastardizing of the Constitution, the document you swore an oath to uphold, and for inserting your personal preferences into law, thus violating the your oath, Anthony Kennedy, Stephen Breyer, David Souter, John Paul Stevens and Darth Vader Ginsberg, you all share equally as our Douchebags of the Week.