Friday, June 30, 2006

The Supremes

Viva Justice Anthony Kennedy, who provided the swing vote to curb the Bush Administration's excesses in Guantanamo. I think terrorists should be wiped off the map, but people should not excuse the abuse of power because of this or any other reason. This cannot be a country that supposedly promotes freedom and invades countries on account of it, while it has prisoners enduring torture and without recourse to the law.
The Bush Administration's violation of the Constitution, the Geneva Convention and the rule of law sets a dangerous precedent for every American citizen and for this country's human rights record. Guantanamo's prison should be dismantled and the suspects treated according to the rules of war, or of the land.
The New York Times editorial states it better than me:

The key to the decision was the court's swing justice, Anthony Kennedy. He provided the fifth vote for the majority, and wrote a separate opinion that eloquently distilled the key principles: that "respect for laws" duly passed by Congress and signed into law by the president is particularly necessary in times of crisis, and that "the Constitution is best preserved by reliance on standards tested over time and insulated from the pressures of the moment."

This is the latest in a series of rebukes to the Bush administration. The court has already rejected its claim that the Guantánamo detainees have no right to be heard in American courts, and that an American citizen designated an enemy combatant can be held indefinitely without being brought before a judge.

The current conservative court is not hostile to law enforcement or presidential power. But it is proving to be admirably protective of individual freedom and the rule of law. Rather than continue having his policies struck down, President Bush should find a way to prosecute the war on terror within the bounds of the law.

No comments:

Post a Comment