Comments on: The purpose of habeas corpus http://apublicdefender.com/2008/06/12/the-purpose-of-habeas-corpus/ Fri, 21 Nov 2008 14:08:12 +0000 http://wordpress.org/?v=2.6.3 By: Garland L. Batten http://apublicdefender.com/2008/06/12/the-purpose-of-habeas-corpus/#comment-41758 Garland L. Batten Wed, 22 Oct 2008 19:53:24 +0000 http://apublicdefender.com/?p=1263#comment-41758 Since all men and women were created equal, it is only fair and just; that, all share equal justice under our Constitutional laws. When we the people of the United States start limiting constitutional rights to minorities members, or detainees again, because they may have accidentally fallen through the cracks, it won't be long before it'll boils over to effect the entire nation. As such, whether a judge or justice is appointed, assigned or elected by the people's choice and accepts that position, it is his or her duty, responsibility, and oath to preserve our Constitution for our future posterity. It is treason to think and practice otherwise Since all men and women were created equal, it is only fair and just; that, all share equal justice under our Constitutional laws.

When we the people of the United States start limiting constitutional rights to minorities members, or detainees again, because they may have accidentally fallen through the cracks, it won’t be long before it’ll boils over to effect the entire nation. As such, whether a judge or justice is appointed, assigned or elected by the people’s choice and accepts that position, it is his or her duty, responsibility, and oath to preserve our Constitution for our future posterity.

It is treason to think and practice otherwise

]]> By: Garland L. Batten http://apublicdefender.com/2008/06/12/the-purpose-of-habeas-corpus/#comment-41757 Garland L. Batten Wed, 22 Oct 2008 19:22:00 +0000 http://apublicdefender.com/?p=1263#comment-41757 If 28 usc s. 2241 are sui generis, how can PLRA be applicable; when, PLRA are applicable only to civil cases and appeals thereon? If 28 usc s. 2241 are sui generis, how can PLRA be applicable; when, PLRA are applicable only to civil cases and appeals thereon?

]]> By: Anton http://apublicdefender.com/2008/06/12/the-purpose-of-habeas-corpus/#comment-33363 Anton Fri, 13 Jun 2008 15:09:38 +0000 http://apublicdefender.com/?p=1263#comment-33363 Scalia says, "<i>...The category of prisoner comparable to these detainees are not the Eisentrager criminal defendants, but the more than 400,000 prisoners of war detained in the United States alone during World War II. Not a single one was accorded the right to have his detention validated by a habeas corpus action in federal court—and that despite the fact that they were present on U. S. soil.</i>" Do you see a problem with this? Some are saying that this ruling puts at grave risk all future possible "detainees" for reasons that are obvious (why bother capturing and keeping alive if....). Should all of the 400,000 Axis prisoners above been afforded the right to flood our legal system with Habeas appeals? Scalia says, “…The category of prisoner comparable to these detainees are not the Eisentrager criminal defendants, but the more than 400,000 prisoners of war detained in the United States alone during World War II. Not a single one was accorded the right to have his detention validated by a habeas corpus action in federal court—and that despite the fact that they were present on U. S. soil.”

Do you see a problem with this? Some are saying that this ruling puts at grave risk all future possible “detainees” for reasons that are obvious (why bother capturing and keeping alive if….). Should all of the 400,000 Axis prisoners above been afforded the right to flood our legal system with Habeas appeals?

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