Those “activist” judges strike again. The Supreme Court just told Bush, again, that he can’t make up the rules as he goes along.
WASHINGTON – The Supreme Court ruled Thursday that President Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees.
The ruling, a rebuke to the administration and its aggressive anti-terror policies, was written by Justice John Paul Stevens, who said the proposed trials were illegal under U.S. law and Geneva conventions. [Oh no! He quoted international law!]
…Two years ago, the court rejected Bush’s claim to have the authority to seize and detain terrorism suspects and indefinitely deny them access to courts or lawyers. In this followup case, the justices focused solely on the issue of trials for some of the men.
The vote was 5-3; Roberts was excluded because he had backed the government in this case as an appeals court judge. So I guess it would have been 5-4 otherwise.
Constitutional scholar Jonathan Turley is speculating on MSNBC that this decision might give the administration political cover for closing Guantanamo, which has become an international embarrassment. We’ll see.