Scalia, dissenting from the Court's latest "nuh-uh Mister Bush: "And, most tragically, it sets our military commanders the impossible task of proving to a civilian court, under whatever standards this Court devises in the future, that evidence supports the confinement of each and every enemy prisoner."
And there you have it ladies and gentlemen: A sitting Supreme Court Justice who thinks providing evidence that supports confinement is "an impossible task" and really not worth the bother. Does this clown really think his hand-picked president's War on Terrah is going to fail if the govt has to start giving reasons for locking people up? And isn't the fact that the govt. doesn't seem able to provide those reasons ("an impossible task") the best proof the War has already failed?
And please, please, please spare me the bromides about how "people will die" if those "murderers" aren't kept locked away forever without trial. First, you don't have a crystal ball. Saying "people will die" is just a cheap scare tactic. Second, we don't know that they are murderers, remember? There hasn't been a trial yet; indeed the govt. hasn't even bothered to explain why these men were imprisoned in the first place. Perhaps they were rounded up for mooning a general's car? If that was why they were thrown in jail would you even know? Third, this decision hasn't flung open the gates of Gitmo. No one will be released unless the govt fails to provide cause for keeping them imprisoned. And if the govt can't make that case, do you know what those people are? The word is "Innocent."
And finally, the fact the "people will die" is not a valid argument to curtail freedom. Americans have died because of the 2nd Amendment. They have died because of the 4th and 5th, too. The point of America isn't to make sure Americans don't die. It is to "form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity"
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