Supreme court weighs Bush's Guantanamo tribunals

[deminks]

http://news.yahoo.com/s/nm/20060328/pl_nm/security_court_dc_8

WASHINGTON (Reuters) - U.S. Supreme Court justices on Tuesday sharply questioned the legal basis for military tribunals set up by President George W. Bush in his war on terrorism. Hearing a challenge by Osama bin Laden's former driver, several of the justices appeared troubled by the administration's position that international laws including the Geneva Convention do not apply to the Guantanamo prisoners.

"It's an extraordinary act, I think, to withdraw jurisdiction from this court in a pending case," Justice Ruth Bader Ginsburg said during arguments that may yield the most significant ruling on presidential war powers since World War Two.

"Why should we assume that Congress withdrew our jurisdiction to hear this case?" she asked U.S. Solicitor General Paul Clement, who sought to defend Bush's broad powers in the war on terrorism.

Justices Antonin Scalia and Samuel Alito, a Bush appointee who joined the court last month, seemed sympathetic to the government's arguments.

(Well, yeah, Scalito have already decided, haven't they.)

[Kber]

1. Alito and Scalia

Alito will side with the government because he favors a strong federal executive with very few checks.

Scalia will side with the gov't because he's batshit crazy.

Thomas will side with the gov't because he's intellectually weak and will follow Scalia's lead thinking that will provide cover.

Roberts will side with the gov't because he's a whore.

Pray for the continued good health of the other 5 justices.

[Thorandmjolnir]

2. Roberts is not sitting in on this case

I think it will 5-3 for Mr. Hamdan.

[Kber]

3. I think you're right. nt

[BR_Parkway]

4. Roberts recused himself - he was one of the 3 Appeals court judges

who heard the case at that level when it was being argued.

I keep wondering if Scalia will give Shrub the big FU for passing him over for Chief.

I also wonder just how ambitious Roberts is - ambitious enough to not watch the power of the Court stripped away by Shrub's power grabbing?

[tritsofme]

5. Remember in this case a 4-4 tie is a de facto Bush win

Since a tie would revert to Roberts' ruling on the apellate court, although no precedent is set.

[Marie26]

6. At least Roberts isn't there.

If this thing flys, Bush can deny habeus corpus to anyone suspected of being a terrorist. There needs to be more attention paid to this case.