Tuesday, June 28, 2005

Another thought on the recent Supreme Court takings decision

It seems just wrong to me, that detainees at the Guantanamo Bay facility are being given rights, while actual Citizens of this country are being deprived of property rights.

The ruling in the non-US Citizen cases is another example of the failure of the liberal majority to actually make clear its interpretation of U.S. law. From the above linked article:

Stevens left it for the lower courts to answer the question of "whether and what further proceedings may become necessary." His opinion also did not define the intended geographical scope of the ruling. The case as presented to the court concerned only the Cuba base, but Scalia, raising the prospect of lawsuits by prisoners in Iraq and Afghanistan, noted in dissent that the logic of Stevens's opinion "boldly extends the scope of the habeas statute to the four corners of the earth."

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