Monday, June 16, 2008

A High Court, Plenipotentiary

Here's a coruscating analysis from the editors of National Review of last week's shameful Supreme Court decision in Boumediene v. Bush. Justice Roberts' observations here on habeas corpus are right on.
Habeas corpus has never been a settled substantive quantum of judicial review. It is, Roberts explained, a procedural remedy. Due process is a flexible concept that ebbs and flows with the demands of the circumstances — literally, it is the process that is due.

http://article.nationalreview.com/?q=YzI5MTg1OGZjZWRkYmE0MmJhZjUxOGEwMDIxNzYyMzE=

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