Holy crap, people do have rights

Somehow I missed hearing about this for two days, but apparently the Supreme Court essentially overturned the Military Commissions Act. I practically fell out of my chair when I saw, I was under the impression we stopped caring about rights approximately the moment we elected a Republican President. The oral arguments are actually pretty interesting.

On page 31, Ginsberg says "in every practical respect, Guantanamo Bay is U.S. territory", which is one of those things the government tries to skirt. It's thoroughly enjoyable because unlike the typical forums you see these people at (press conferences, etc.) where they can just ignore questions they don't like, the justices don't let them dodge stuff; Souter in particular doesn't put up with their shit. Clement spends a good deal of time dancing around whether or not Guantanamo prisoners are "prisoners of war" or not; they obviously are, but the government has declared pretty emphatically that they're not so we can avoid the Geneva Conventions. Scalia -- and my approval of this one phrase shouldn't be taken to mean I in any way like any decision he's ever made -- says on page 49 "if we had to either charge or release these people, what would they be charged with? Waging war against the United States? Is there a statute that prevents non-citizens from waging war against the United States and provides criminal penalties?", to which Clement brilliantly responded "Not as such". I thought this was excellent, since he's essentially saying these people have broken no laws, and yet they're somehow still not prisoners of war; they're in that fun gray area where we can do whatever we want.

Ultimately this whole argument hinged around the idea of CSRTs. Before this decision, inmates got to go before a "Combatant Status Review Tribunal", which was a sort of laughable affair where officers decided if an inmate was an enemy combatant or not. While they're doing that, the inmate doesn't get a lawyer, doesn't get to see the evidence against him and really doesn't get to do much of anything. Most of the time if the inmate manages to win (i.e. are declared to be a non-combatant), another CSRT is convened so the officers get to decide again. Waxman's explanation of why this whole concept blows is good, starting on page 72. Breyer says it pretty succinctly on page 61: "it has been six years, and habeas is supposed to be speedy."

Kennedy, who wrote the majority opinion, had one of the better quotes I've seen come out of this court: "To hold that the political branches may switch the Constitution on or off at will would lead to a regime in which they, not this court, say ‘what the law is,’"

Too true. And what did McCain have to say? "I think it's one of the worst decisions in history"