I’m thinking.

I am very happy about this Supreme Court decision. Ashamed that four justices would dissent, with the Chief Justice as the author of the dissenting opinion. Irritated that Scalia would claim “It will almost certainly cause more Americans to be killed.” Bullshit.

And I’m worried about what Siva Viadhyanathan points out: “Three of the five justices who voted in favor of the Constitution and rule of law are likely to retire in the next four years. Think about it.”

(I just learned about this cool wordle gadget thanks to Anne-Marie)


2 Responses to I’m thinking.

  1. mbjesq says:

    This is a great day for American constitutionalism. It is shocking, however, that four-ninths of the United States Supreme Court find compelling justification to imprison innocent men (i.e., those who might be exonerated at trial) for life without a constitutionally recognized judicial hearing.

    My take on this case is posted here.

  2. Barbara says:

    Good post. And I really liked that Slate article you point out – “in the end, this is the fight between the majority and the dissent: Kennedy and the justices who signed his opinion (David Souter, John Paul Stevens, Stephen Breyer, and Ruth Bader Ginsburg) are worried about the very real risk of a lifetime of mistaken imprisonment. And the dissenters (Scalia, Roberts, Clarence Thomas, and Samuel Alito) are worried about the risk of … what? Not an actual mistaken release, but a day in court. The big threat here is of federal court review that may—somewhere far down the line, and at the moment entirely hypothetically—result in the release of a detainee or (more attenuated still) the disclosure of a piece of hypothetical information that could help the terrorists in their fight against us.”

    In other words, one side fears the state imprisoning people for life without trial and the other worries that people we don’t like will get their day in court.

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