Jonathon Mahler in Week in Review examines "Why This Court Keeps Rebuking This President". “The most important thing we do is not doing,” Justice Louis D. Brandeis once said of the Supreme Court’s abiding humility, its overwhelming preference to allow the people, through their elected representatives, to govern themselves.---
And never is the court more reluctant to act than when faced with a challenge to the president during wartime.---
So it is extraordinary that during the Bush administration’s seven years, nearly all of them a time of war that began on Sept. 11, 2001, the court has been prompted to push back four times. Last week’s decision in Boumediene v. Bush, in which the court ruled that prisoners at Guantánamo Bay have a right to challenge their detentions in the federal courts, marks only the most recent rebuke."
This presents a somewhat reassuring view of America and seems to support the pious hope of justice prevailing.
However, for the international community which has watched George Dubbya circumvent the US Courts time and time again, the difference in response from both presidential candidates leaves an uncomfortable notion that the fate of human rights in America is still very much up in the air.
"Mr. McCain and Mr. Obama have both long advocated closing the Guantánamo detention center but have disagreed on the rights of prisoners there.
Mr. McCain said here Thursday morning that he had not had time to read the decision but that “it obviously concerns me,” adding, “These are unlawful combatants; they’re not American citizens.”
Mr. McCain said he thought “we should pay attention” to the dissent by Chief Justice John G. Roberts Jr., which argued that the steps established by the administration and Congress in creating review tribunals run by the military were more than sufficiently generous as a way for detainees to challenge their status.
Still, the senator said, “it is a decision the Supreme Court has made, and now we need to move forward.”
Mr. Obama issued a statement calling the decision “a rejection of the Bush administration’s attempt to create a legal black hole at Guantánamo” that he said was “yet another failed policy supported by John McCain.”
“This is an important step,” he said of the ruling, “toward re-establishing our credibility as a nation committed to the rule of law, and rejecting a false choice between fighting terrorism and respecting habeas corpus. Our courts have employed habeas corpus with rigor and fairness for more than two centuries, and we must continue to do so as we defend the freedom that violent extremists seek to destroy.”
