Showing posts with label habeas corpus. Show all posts
Showing posts with label habeas corpus. Show all posts

Saturday, June 14, 2008

Bolstering the Constitution

One of my sisters recently checked this blog and asked "what was up" with my not having any recent postings. There are a number of reasons: travel to Texas to help my son finish moving into an apartment and to visit with some friends and relatives there; general malaise due to some health issues; time spent doing other activities, such as gardening and reading; and such a disappointment in our country's leadership that I just don't have the heart to post!

However, I've been cheered by the Supreme Court's recent decision in Boumediene vs. Bush, rejecting the Bush administration's assertion that enemy combatants at Guantanamo Bay do not have the right of habeas corpus. Of course, the reaction to this judgment seems to fall along political lines. Here are links to editorial responses on the Real Clear Politics (conservative-leaning) website: "Editorial Roundup".

I particularly recommend reading Scott Horton's clear and interesting discussion of the ruling on his [recently retired but occasionally updated] blog at Harper's Magazine: "A Setback for the State of Exception."

Update
I'm with Juan Cole on John McCain's response to the Supreme Court's decision on habeas corpus. And why can't those on the far right not see that people who have been abused by power can be radicalized by that abuse?

Wednesday, September 19, 2007

Habeas corpus

The Senate today failed to pass a bill restoring the right of habeas corpus to detainees at Guantanamo Bay. The Senate needed 60 votes to pass the bill; 56 Senators voted for the bill. Thus, the extraordinary measures of the Military Commissions Act of 2006 still stand, preventing detainees from access to a speedy trial and from access to their choice of legal representation.

Why should we care? While habeas corpus has been suspended at different times in the history of our country, these recent changes in the law may set precedents that will permanently affect this traditional right to challenge one's incarceration or the incarceration of another, as Jeffrey Toobin suggests in a 2006 article in The New Yorker.

President Bush has said over and over again that terrorists hate our freedom. Well, based on these legal challenges to the basic rights underlying those freedoms, it seems that the Republican party hates freedom, too. Note again the names of those who voted against re-establishing the right of habeas corpus to the detainees at Guantanamo Bay. Only six Republicans voted to uphold this traditional right that Americans have long held to be a cornerstone of freedom.