After what they have seen it would not surprise me if they are SCARED to rule on it. They could end up having to deal with what happens when the court if defied. Just exactly what would they do? They might end up in military custody themselves.
The Court was certainly afraid of Lincoln as was Congress.
[ edited by gravid on Jan 12, 2004 08:12 AM ]
posted on January 12, 2004 10:06:30 AM new
I don't think they're scared to rule on it. I just believe they realize they aren't in the position to be taking a stand against the administration's 'war on terrorism'.
from your article:
The high court's decision not to review the case represents a victory for the Bush administration. But if you also notice, they ruled against his policy when it was in regard to one individual case. So...to me IF they weren't scared to rule on that case, they wouldn't have been scared to rule on this one.
I believe they feel, in a time of war, they need to support the administration. And most likely would have done so under a democratic administration.
posted on January 12, 2004 10:21:12 AM new
This outcome is not surprising when you view the issues before the court.
The case does not challenge the right to arrest and hold the aliens, it is a Freedom of Information Act case.
The government refusing to release information on aliens it may or may not be holding is not a water shed case and the court would have been expected to refuse to hear the case, or in the alternative hear and rule on the case with the same result.
However, do note that they are hearing the case of the US CITIZEN captured as a combatant in Afghanistan.
In any event, these cases are defining the rights and responsibilities of being a US citizen and thus far there have been no surprises.
Too many people have taken their citizenship for granted and think that the rights citizens have apply to everyone, when in fact thet do not and never have.
