http://www.sptimes.com/2006/03/05/Columns/If_judges_won_t_stand.shtmlBy ROBYN E. BLUMNER, Times Perspective Columnist
Published March 5, 2006
Federal judges are shrugging their shoulders, just when they need to square them. With a feckless, partisan Congress refusing to police even the most blatant illegal and unconstitutional actions of the Bush administration, the courts are essential to setting our nation back on the right path.
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After an enlightened Supreme Court ruling in 2004 that said prisoners held at Guantanamo could challenge their status in court, the Defense Department stopped the flow of men into the facility and started diverting them to a more secretive prison in Afghanistan.
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The men can't be returned to China, where they would likely be tortured. And the Bush administration doesn't want to admit them into the United States, because that may give the Guantanamo detainees a firmer legal basis for getting into court and challenging the conditions there. So they are being held in limbo.
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After hearing a habeas petition of two of the Uighurs, U.S. District Judge James Robertson ruled in December that they were in fact being held illegally. But then he did something shocking. Robertson refused to provide a remedy, saying he lacked the authority to order the men's release. They had won, but they would wake up the next day and every morning for the foreseeable future with guards and shackles as companions.
...oh, what a tangled web we weave.