Saturday, June 21, 2008

We'll Rue Having Judges on the Battlefield - WSJ.com

The insanity of the SCOTUS continues. 

We'll Rue Having Judges on the Battlefield - WSJ.com

The situation is entirely different when the nation faces an external threat. In fighting an enemy, there is no reason for the judicial branch to "check" the political branches. The idea of our judiciary protecting the "rights" of the Nazis or the Viet Cong from executive overreaching is every bit as absurd as it sounds. But had Boumediene been decided in 1940, more than 400,000 Axis troops held in more than 500 military facilities in this country during World War II would have had a right to challenge their detention in federal court.

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