Won't latest torture vote get shot down by Supreme Court? nt

[Quixote1818]

[rzemanfl]

1. The answer depends on the health of some elderly people. n/t

[Bill McBlueState]

2. likely, but it has to get there first

That's been the GOP's approach to all sorts of matters. Pass a blatantly unconstitutional law and run amok while it takes a couple years to filter through the judicial system.

[pooja]

3. Well, in order to get to supreme court, it has to be on appeal

right? So, if there are no courts for "enemy combatants"-- How does it get to the Supreme Court?

[Exiled in America]

4. NO - SC said in last ruling it would NOT HAVE A PROBLEM--

They said Bush's plan for detaining people would be FINE if Congress passed a LAW making it legal. That is in the majority opinion.

[napi21]

5. YES, I think it will be found unconstitutional by the SCOTUS.

I'm not sure how it will get to the SCOTUS. I wonder, since this "new law" was in direct response to the SCOTUS previous decision, if some Dems can't just request that they reviewthis new law and issue a decision on whether it complies with their demands or not?

[Red_Viking]

6. It has to get there first...

But, I think the Congress went too far with this bill, beyond what SCOTUS implied they would approve. Congress removed jurisdiction from even the Supremes (I think), which they can't do. Congress also has no power to abrogate a Constitutionally enshrined concept such as habeas. Ever since Marbury v. Madison, SCOTUS has had the last word on constitutional interpretation. This thing is fraught with problems, because of the overreaching. When Little Lord Pissypants has the power to declare any "person" an enemy combatant and jail us indefinitely, that's blatantly unconstitutional. They can't create a dictatorship by statute.

So I don't see this surviving SCOTUS, but the cons can still do a lot of damage in two years.

The other ray of hope is a Democratic House & Senate in November. They can always overturn prior legislation. Keeping my fingers crossed.

My two cents!

Peace,

RV

[wtmusic]

7. legal question

if Congress overturns the Military Commissions Act of 2006 is Bush on the hook again for war crimes? :shrug: