IN A NARROW 5-4 DECISION THE SUPREME COURT STANDS UP TO BUSH AND REAFFIRMS HABEAS CORPUS

Two of a kind-- and McCain makes a triple-play

I saw one GOP propaganda site this morning bellowing that the Supreme Court had sided with the terrorists. Actually, the Supreme Court sided with the U.S. Constitution, which is exactly what they're supposed to do. Bush isn't happy but, reluctantly, he's agreeing to abide by the ruling-- while he looks for a way around it. He isn't alone. Warmongers Joe Lieberman, Lindsey Graham and John W. McCain are all angry. They think we need more judges like Scalia.

Kathryn Kolbert, president of People For the American Way has a much more reasonable-- and more American approach.

The Supreme Court has rebuked President Bush’s vision of the presidency as an office of limitless power, and declared that the president of a free nation cannot simply lock people up and throw away the key like some third-world dictator. This is a stinging blow to the administration’s lawless policies and its allies in Congress.
 
It’s chilling that the case was decided on a single vote, 5-4. One more Bush Justice on the Court, and the decision would likely have gone the other way. That’s why it’s so important for Americans to realize that in this election year, the Supreme Court is on the ballot. John McCain has already promised the GOP that he would nominate Justices to the Court exactly like those Bush has brought to the bench. This year, we must reverse the tide, and begin to restore a Supreme Court that upholds our individual rights and the laws that keep us free.

Russ Feingold agreed."Today’s Supreme Court decision is yet another stinging rebuke of the Bush administration’s extreme views on executive power. Time after time, the Supreme Court has rebuffed the administration’s attempts to undermine the Constitution, from its Rasul and Hamdi decisions in 2004 to its Hamdan decision in 2006. It is a testament to our system of government that the Court has rejected the habeas-stripping provisions of the Military Commissions Act and reaffirmed that the government does not have the power to detain people indefinitely and arbitrarily without judicial review. The writ of habeas corpus provides one of the most significant protections of human freedom against arbitrary government action ever created. We can and must fight terrorists without abandoning the principles on which our country was founded.”

This is a very important decision in re-affirming, despite the 4 right-wing judges, that this is still a nation ruled by laws, not by the whims and calculations of a monarchy.

As Ms Kolbert pointed out, if McCain and like-minded senators get to appoint and confirm one more judge, we might as well forget constitutional government. McCain isn't the only one who voted to conform extremists like Roberts, Alito and Scalia, judges who are consistently ruling against ordinary Americans and for more centralized power and more power for corporations. Let's look at some of the senators up for re-election in 2008.

Between April 29, 2003 and the confirmation of Alito to the Supreme Court, George Bush judicial appointments generated 40 contentious battles in the Senate. McCain voted 40 times with Bush. Other members of the Senate who have to face the voters in November and who have rubber stamped one hideous judicial appointment after another for the Bush Regime include:
Mitch McConnell (R-KY)
Norm Coleman (R-MN)
James Inhofe (R-OK)
John Cornyn (R-TX)
Gordon Smith (R-OR)
Ted Stevens (R-AK)
Pat Roberts (R-KS)
John Sununu (R-NH)
Elizabeth Dole (R-NC)
Lamar Alexander (R-TN)
Susan Collins (R-ME)

In fact, speaking of Collins, take a look at what Kathleen Turner had to say about Susan Collins judicial votes and how it impacts women's right to choice:



One more comment, this one from the person we hope will be nominating federal judges for the next eight years:

"Today's Supreme Court decision ensures that we can protect our nation and bring terrorists to justice, while also protecting our core values. The Court's decision is a rejection of the Bush Administration's attempt to create a legal black hole at Guantanamo-- yet another failed policy supported by John McCain. This is an important step toward reestablishing our credibility as a nation committed to the rule of law, and rejecting a false choice between fighting terrorism and respecting habeas corpus. Our courts have employed habeas corpus with rigor and fairness for more than two centuries, and we must continue to do so as we defend the freedom that violent extremists seek to destroy. We cannot afford to lose any more valuable time in the fight against terrorism to a dangerously flawed legal approach. I voted against the Military Commissions Act because its sloppiness would inevitably lead to the Court, once again, rejecting the Administration's extreme legal position. The fact is, this Administration's position is not tough on terrorism, and it undermines the very values that we are fighting to defend.  Bringing these detainees to justice is too important for us to rely on a flawed system that has failed to convict anyone of a terrorist act since the 9-11 attacks, and compromised our core values."