After Boumediene

Andrew C. McCarthy writes:

Prior to June 12, 2008, when the ruling was announced, there was no writ of habeas corpus outside sovereign American territory. But five voracious justices now say not only that there is a global writ — i.e., that the legitimacy of government action always and everywhere depends on its capacity to win judicial approval. The justices further audaciously declare that this new global writ vests judges with the power to probe and reverse combatant determinations no matter how fastidiously any system defers to our enemies’ “rights” — and regardless of whether that system has been designed by the military or even Congress.

That is not democracy. It is judicial oligarchy — and nothing in our Constitution requires that we stand for it.

Read the whole thing

Advertisements

Leave a comment

Filed under Opinion

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s