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Thursday, July 01, 2004

Andrew C. McCarthy on Supreme Court & Enemy Combatants
Anyone interested in liberty, limited government (particularly the limitation of the power of the courts), and the war on terror needs to read Andrew C. McCarthy' summary of the recent Supreme Court decisions concerning the detention of enemy combatants.

The real scary decision is the Rasul v. Bush decision -- one I view as not only utterly flawed, but potentially catastrophic. Apparently, the US Supreme Court believes that its jurisdiction extends to all persons at any location on the face of the planet. And apparently, there is really no such thing as a POW anymore, just litigants whose rights the court feel they need to protect. Good grief.

Here are some of my predictions that will follow:

  • A foreign national who was actively engaged in killing US troops on foreign soil -- and who has not once set foot on sovereign US territory -- will successfully petition for his release in a US court.
  • US soldiers will begin to have to justify to a US court the capture of foreigners actively engaged in killing them.
  • Given the above, US soldiers will begin to kill enemy combatants that they might have otherwise captured.
  • Terrorists will continue to view us as risable and weak. They will enlist willing leftist lawyers to further complicate and make difficult the already difficult task of killing terrorist.

The specter of masses of POW's all being given court appointed lawyers and filing petitions for their release is ludicrous.

Something needs to be done to reel in the over-weaning pride of the US Supreme Court.

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