On June 12th in Boumediene vs Bush, five associate justices, a majority of the U.S. Supreme Court, ruled that unlawful combatants/terrorists detained outside sovereign U.S. territory should be granted the right of habeas corpus.
In one fell swoop, these five liberal justices nullified court rulings Ex Parte Quirin (1942), Duncan vs Kahanamoku (1946), In re Yamashita (1946), Johnson vs Eisentrager (1950), and Coleppaugh vs Looney (1956). Not to be out-done, they overruled the Administration and Congress as well.
The net effect of this preposterous ruling is that unlawful combatants/terrorists may now be treated as nothing more than petty American criminals who may enjoy the same benefits of due process as are bestowed by our Constitution on American citizens.
It should be patently obvious to all that dealing with terrorism as a law enforcement issue most certainly didn't work before 9/11 to protect the homeland, and that it definitely won't work this time around either. Seems some of us just never learn.
This reprehensible ruling all but ensures that GITMO detainees will live to fight another day. (Note: 30 detainees previously released ended upon on the battlefield once again attacking American soldiers and slaughtering innocent civilians.)
What's next? Reading unlawful combatants their Miranda Rights on the battlefield before shooting at them in self-defense? Yes, probably, if out-of-touch legal elites have their way.
If history is any accurate guide, and I believe that it is, President Abraham Lincoln would have swiftly arrested these justices for sedition, and President Andrew Jackson would have simply ignored their dunderheaded ruling.
It appears that the only way to countervail this feckless and dangerous ruling in order to protect Americans and civilian innocents alike is to swiftly place all future battlefield captives in the custody of our allies who could then mete out appropriate punishment in accordance with their own system of justice.
If there is ever a more compelling reason to vote for John McCain in November, this is it. Make no mistake: Barack Obama, who strongly agrees with this flamboyant and irresponsible decision, would do all he could as President to expand the power of liberal elites on U.S. courts.
My fear is that as we the people fiddle and Islamofascists rejoice in our self-destructive foolishness, our "Rome" is slowly burning around us.