Court at war with common sense
Ronald Cass:
Liberty may have been the traditional casualty of war, but common sense is its new colleague. The Supreme Court, trying hard on the anniversary of last term's Kelo decision to find a suitable sequel, performed a rare triple loop in Hamdan v. Rumsfeld. It found jurisdiction in the face of a statute directly taking jurisdiction away from the Court. It second-guessed the President on the need for particular security features in trials of suspected al Qaeda terrorists. And it gave hope to One-World-ers by leaning on international common law to interpret U.S. federal law. If that weren't enough, the (left, lefter, and far left) turns were executed in the course of giving a court victory to Osama bin Laden's driver. What a perfect way to end the term!Despite the statements of the terrorist rights left that this decision involved common sense, it only demonstrated how uncommonly ignorant and abusive the left can be in achieving its judical objectives. Ignoring the law to confer rights that they made up for Osama's driver has to be one of the worst decisions of all time. Hopefully, Congress can patch a remedy to the mess these five "justices" have made by meddling in an area the Constituion has given exclusivly to the executive branch. In doing so Congress should demonstrate it legislative intent by telling the justices they wrongfully interpreted that intent in reaching this decision.
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