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And, yes, I DO take it personally: "This is a terrible idea"
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Tuesday, September 26, 2006

"This is a terrible idea"

speaking of wake-up calls, do you suppose fred hiatt's shop has poked its collective nose out from under the covers and smells that coffee brewing...?
The compromise bill strips the courts of any jurisdiction to hear cases -- including those cases already pending -- concerning detainee treatment. Unless this provision is changed, the administration will be free to ignore Mr. McCain's interpretation.

[...]

This is a terrible idea.
In general, court-stripping is a nuclear weapon in Congress's relations with the judiciary, one that presents profound constitutional questions and should be used only with the greatest of caution. If Congress passes responsible and lawful policies, judicial review poses no threat but serves to validate their lawfulness. In the context of the war on terrorism, judicial review has been the major lever that has forced the administration to moderate its policies and to seek congressional authorization for them.

[...]

Preventing further judicial scrutiny would be reckless.

reckless...? oh, yes, and also precisely what they want - another giant step towards a totalitarian state...

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