Tuesday, March 05, 2013


SUPREME COURT OUTLAWS PRIVATE PRESIDENTIAL MILITARY COURTS-FOR NOW

 

PRESIDENT MUST BEG CONGRESS REAL HARD FOR MILITARY COMMISSIONS.

 

 

Just as I started feeling good about beating up on the United States Supreme Court justices this week, calling them black-robed closet Nazis and Neanderthals (see above commentaries) the justices vote by 5-4 (oops, 5-3 Chief Justice Roberts recused himself on this one- but WE all know where he stands) to deny President Bush the right to use his own executive-derived and organized private Star Chamber proceedings against detained ‘enemy combatants’. 

 

This decision would seem to negate this writer’s usual uncanny grasp of which way the political winds are blowing. Not so. Without trying to weasel out of this squeamish situation by lawyerly argument I would point out that in The Angels of Death Ride Again (see above) that the Court was positioning itself just to the left of the medieval Star Chamber. And I am correct on this. The Court’s decision did not strike down the executive military commissions as the vehicles for show trials that such commissions had become but only that the President must ask Congress nicely  to set them up with all due regard for those shopworn concepts- the rule of law and the constitutional balance of powers. When the Court starts bringing these arguments in it’s definitely time to head for cover. How hard do you think the Bush administration is going to have to fight Congress (presumably in an election year) to get approval for legislation military commissions to try a bunch of Moslems fanatics. Damn, they live and breathe for these kinds of soft ball votes.

 

We live in desperate times as the above commentaries for only ONE WEEK make abundantly clear so we have to take even small victories, such as this decision when we can get them. Any limitation, no matter how small, on the Imperial Presidency can only help give us a little breather. Enough said.  

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