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Convictions: Slate's blog on legal issues
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Hi, Orin , the Supreme Court's role is modest on some fronts, yes—I agree that deciding that child rapists can't be executed is not of the same order as upholding the death penalty in the first place. Or that outlawing one method of late-term abortion Read More...
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I spent an hour yesterday debating Boumediene with David Frum on Bloggingheads TV . As is always the case in these debates, we finished and then I thought of all the things I forgot to say. Maybe some of you will go watch the "diavlog" and add to the Read More...
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Phil, we agree that there is a place for law in war, and the reasons you give are excellent ones; but there are a series of complicated line-drawing puzzles, and I'd like to hear where you draw the lines. Let's consider two cases: 1. a) A tank commander Read More...
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Eric, your last post regarding judges on tanks made me chuckle. In my mind's eye, I pictured one of the judges I know (or maybe Convictions ' own Judge Nancy Gertner ) sitting in the loader's seat of an M1A2 Abrams tank, riding along next to the tank Read More...
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Since we may have a few more minutes before the big news from the last days of the Supreme Court term, I had probably better offer at least a brief response to Eric's last post . As much as I love the imagery of Scalia astride a tank, that's of course Read More...
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Deborah thinks that federal judges are in a better position than military officials to determine whether a person who has been detained on the battlefield should be released or not: For a long, uninterrupted period of time now, nonmilitary judges have Read More...
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Orin, thanks. Your latest post helps me understand better why you think judges aren't well-suited to determining whether someone belongs somewhere like Gitmo. Unfortunately, now I disagree even more. Your core argument seems to be that regular judges Read More...
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Deborah asks an excellent question: "What is it in particular about Gitmo that courts can't handle?" I don't expect judges to be very good at knowing who is or is not a terrorist because I doubt the evidence the government has resembles the kind of evidence Read More...
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As I wrote a few weeks back, there are some pretty serious factual flaws in Justice Scalia's Boumediene rant. Is the 30 men "returned to the battlefield" one of them? Phil says yes. Orin says no. Eric says everyone makes mistakes, but the military makes Read More...
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Orin is right to criticize Phil's canard-crushing post . Either Boumediene will result in substantive review of the military's detention decisions, or it will not. If not, then nothing has changed. If so, then courts will sometimes correctly overturn Read More...
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Phil, I find myself in the awkward position of disagreeing both with Scalia's comments about Boumediene and your critique of them . You offer three reasons why Scalia's comments are wrong. Your first point, that we are really at war with "a very diverse Read More...
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I'm glad Dahlia chose to open her " Breakfast Table" discussion with Walter Dellinger, Jack Goldsmith, and Cliff Sloan with a note about Boumediene — and Justice Antonin Scalia's absurd sky-is-falling dissent arguing that detainees will exit the habeas Read More...
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My op-Ee on Boumediene appears in this week's U.S. News and World Report online . My starting point is John Ashcroft's abortive proposal to suspend habeas corpus shortly after 9/11 . The idea was quickly scuttled by Congress, but if we connect the dots Read More...
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For what it's worth, Bill Kristol was on Fox News Sunday claiming that "very soon," Sens. McCain and Graham would introduce national security court legislation in the wake of Boumediene . Kristol, of course, may be trying to create facts on the ground. Read More...
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Picking up where my last post left off. ... The policy goal is clear: The U.S. government need a detention scheme that protects as many innocent Americans as possible from becoming victims of terrorist attacks. It seems to me there are at least four kinds Read More...
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Ben's very useful post throws the preventive-detention gauntlet right back at me—and that's fair enough. I'd suggested his approach conflates two separate problems: (1) getting the truck out of the detention ditch at Gitmo (its own unique mess), and (2) Read More...
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There’s a lot of meat in Deborah’s and Marty’s posts to which I should respond. I’ll take on, first, Marty’s suggestion that habeas offers a good procedural device for resolving detention cases and then Deborah’s more fundamental suggestion that we shouldn’t Read More...
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First, thanks, Dawn , for those way too kind words about the detainees' panel at the ACS Convention . I personally thought the highlight was Alberto Mora's policy case about the huge counterterrorism security problems our recent approach to detention Read More...
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Many thanks to Marty for the kind words and thoughtful critique of my proposal. Two thoughts in initial response (I will probably have more later): First, I did not mean my op-ed to suggest that Congress should act precipitously in the run-up to the election. Read More...
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to Boumediene , and it's pretty much like Bush yesterday , only more condemnatory but less direct in raising the possibility of a legislative response that would seek to prevent the protections the court has ordered—absent a valid suspension—from going Read More...
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