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


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