Comments on: Boumediene and habeas corpus http://apublicdefender.com/2008/06/12/boumediene-and-habeas-corpus/ Thu, 04 Dec 2008 01:47:04 +0000 http://wordpress.org/?v=2.6.5 By: Doug Hart http://apublicdefender.com/2008/06/12/boumediene-and-habeas-corpus/#comment-33999 Doug Hart Fri, 27 Jun 2008 19:37:59 +0000 http://apublicdefender.com/?p=1262#comment-33999 I am interested in procedure. Would it initially be a question of jurisdiction? Does a filing of habeas on behalf of one or more detainees enable the court to enter the argument of if they could claim jurisdiction. Can the court see a problem and insert themselves sua sponte or do they need the petition to give them cause I am interested in procedure. Would it initially be a question of jurisdiction? Does a filing of habeas on behalf of one or more detainees enable the court to enter the argument of if they could claim jurisdiction. Can the court see a problem and insert themselves sua sponte or do they need the petition to give them cause

]]> By: SPO http://apublicdefender.com/2008/06/12/boumediene-and-habeas-corpus/#comment-33516 SPO Tue, 17 Jun 2008 14:38:01 +0000 http://apublicdefender.com/?p=1262#comment-33516 Miranda, no one has ever thought that the courts get to determine the propriety of bombing particular targets in Afghanistan, although you never know. The Court did act "lawlessly". No court has ever held that people determined by the military to be enemy combatants have access to US courts. Why? Because there is no such right. They made it up because they have the creeps about indefinite detentions. That's what I am saying--they made this up. Miranda, no one has ever thought that the courts get to determine the propriety of bombing particular targets in Afghanistan, although you never know.

The Court did act “lawlessly”. No court has ever held that people determined by the military to be enemy combatants have access to US courts. Why? Because there is no such right. They made it up because they have the creeps about indefinite detentions. That’s what I am saying–they made this up.

]]> By: Miranda http://apublicdefender.com/2008/06/12/boumediene-and-habeas-corpus/#comment-33511 Miranda Tue, 17 Jun 2008 12:52:25 +0000 http://apublicdefender.com/?p=1262#comment-33511 Yes, theoretically, the courts would get to "decide" issues relating to both of those subjects if the issue before the court was whether a government agency had acted unconstitutionally in either area. Here, you can disagree with its analysis and/or decision - many people do - but the Court did not act "lawlessly" or without authority in determining whether suspending habeas corpus for those detainees violates the Constitution. Forgive me if I'm putting words into your mouth, but I've never understood those who disagree with a decision and react by accusing the court/judge of being activist or out of line. Isn't what you're really saying is that you don't agree with the Court's constitutional analysis? Yes, theoretically, the courts would get to “decide” issues relating to both of those subjects if the issue before the court was whether a government agency had acted unconstitutionally in either area.

Here, you can disagree with its analysis and/or decision - many people do - but the Court did not act “lawlessly” or without authority in determining whether suspending habeas corpus for those detainees violates the Constitution.

Forgive me if I’m putting words into your mouth, but I’ve never understood those who disagree with a decision and react by accusing the court/judge of being activist or out of line. Isn’t what you’re really saying is that you don’t agree with the Court’s constitutional analysis?

]]> By: SPO http://apublicdefender.com/2008/06/12/boumediene-and-habeas-corpus/#comment-33467 SPO Mon, 16 Jun 2008 15:06:56 +0000 http://apublicdefender.com/?p=1262#comment-33467 Do the courts get to decide the income tax rate? Do they get to decide how and when we bomb in Afghanistan? Do the courts get to decide the income tax rate? Do they get to decide how and when we bomb in Afghanistan?

]]> By: Robert Hopt http://apublicdefender.com/2008/06/12/boumediene-and-habeas-corpus/#comment-33444 Robert Hopt Mon, 16 Jun 2008 00:28:30 +0000 http://apublicdefender.com/?p=1262#comment-33444 "I just don’t think the courts get to decide." That may be the single funniest comment I've ever seen on a legal blog. “I just don’t think the courts get to decide.” That may be the single funniest comment I’ve ever seen on a legal blog.

]]> By: SPO http://apublicdefender.com/2008/06/12/boumediene-and-habeas-corpus/#comment-33368 SPO Fri, 13 Jun 2008 17:22:57 +0000 http://apublicdefender.com/?p=1262#comment-33368 Uh, did I say that? I just don't think the courts get to decide. Uh, did I say that? I just don’t think the courts get to decide.

]]> By: Gideon http://apublicdefender.com/2008/06/12/boumediene-and-habeas-corpus/#comment-33337 Gideon Fri, 13 Jun 2008 01:02:06 +0000 http://apublicdefender.com/?p=1262#comment-33337 So you're for indefinite detention with no legal process to challenge that detention, eh? Glad we're a nation that treasures its Constitution and not a nation of men. So you’re for indefinite detention with no legal process to challenge that detention, eh?

Glad we’re a nation that treasures its Constitution and not a nation of men.

]]> By: SPO http://apublicdefender.com/2008/06/12/boumediene-and-habeas-corpus/#comment-33336 SPO Fri, 13 Jun 2008 00:57:46 +0000 http://apublicdefender.com/?p=1262#comment-33336 There are also reasons that we are called a nation of laws and not men. The Supreme Court acted lawlessly today. There are also reasons that we are called a nation of laws and not men. The Supreme Court acted lawlessly today.

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