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3rdrate June 29 2006, 18:25:20 UTC
ok go ahead, give me the argument why the decision regarding gitmo was a liberal travesty.

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Gitmo hebrewhammer777 June 30 2006, 06:32:55 UTC
Read the opinion of Justice Thomas.

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Re: Gitmo babzen June 30 2006, 18:06:11 UTC
Even if people could legally be convicted of crimes without lawyers, the right to face their accusers, evidence, and so on, I don't think it's right. But the court didn't say any of that was wrong. They only said that the constitution requires congress to make the rules regarding military, specifically the Uniform Code of Military Justice (which it's very clear on - CONGRESS shall have the power to make rules for the government and regulation of the land and naval forces), and the supreme court felt that authorizing the president to attack a country wasn't the same as saying he can change whatever he wants in the Uniform Code of Military Justice. They completely left it open for Congress to change it if they want though.

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Re: Gitmo hebrewhammer777 July 2 2006, 03:49:06 UTC
Re: Gitmo babzen June 30 2006, 19:20:14 UTC
Reading some of what Justice Thomas wrote, I get the strong feeling he didn't get a chance to read the majority opinion, as he made a number of claims that were not true ( ... )

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Re: Gitmo hebrewhammer777 July 2 2006, 03:55:04 UTC
Justice Thomas doesn't appear to be arguing that *conspiracy* is the crime but rather that "massacr[ing] innocent civilians" is against the laws of war. Beyond that, I don't feel competent to argue because I haven't read the majority opinion.

As excited as I am about SCOTUS season, I haven't read any opinions this year. I just haven't had the time between classes to sit down and digest them! I hope to pour through them when I'm back home in three weeks, but by then it will have been beaten to death.

If the decision says what you say it does, it doesn't appear to be so bad, but Justice Thomas and NRO make it appear much worse. If you could send me what some prominent libtertarians are saying, that'd be great.

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