Wednesday, December 05, 2007
Feelings of Trepidation
What is likely to happen in the case? My guess is that the Supreme Court will reverse and remand. They'll probably say that there is a Constitutional right to habeas jurisdiction for the Guantanamo detainees, and then remand back to the D.C. Circuit to shape its proceedings in light of the constitutional requirement. Based on Kennedy's questions, I expect they'll also say that they interpret the DTA to allow a wide range of Constitutional challenges by detainees when they bring suit in the D.C. Circuit following their CSRT decisions. That's my guess, at least.
This would be madness. There is no constitutional habeas corpus right for legal combatants; there certainly is none for illegal combatants.
The Second Amendment DC case scheduled to be heard later next year, now known as District of Columbia v. Heller, is even clearer, yet I fear the Learned 9 will blow that one too.
I need to go see a comedy or something. You know, here was a time I had faith that the Supreme Court would actually do the right thing. Ah, memories