... Until last week, the law had been that there were some places in the world where American courts had no jurisdiction. For example, U.S. courts had no jurisdiction over non-citizens who have never set foot in the United States.
But now, even aliens get special constitutional privileges merely for being caught on a battlefield trying to kill Americans. I think I prefer Canada's system of giving preference to non-citizens who have skills and assets.
... the judiciary simply has no power over enemy combatants in wartime. Such power is committed to the executive as part of the commander in chief's power, and thus implicitly denied to the judiciary, just as is the power to declare war is unilaterally committed to Congress. As one law professor said to me, this is what happens when the swing justice is the dumb justice.
Kennedy's ruling thus effectively overturned the congressional declaration of war -- the use of force resolution voted for by Hillary Clinton, John Kerry, 75 other senators as well as 296 congressmen. If there's no war, then there are no enemy combatants. This is the diabolical arrogance of Kennedy's opinion. ...
...The detainees are not held because they are guilty; they're held to prevent them from returning to the battlefield against the U.S. Since being released, at least 30 Guantanamo detainees have returned to the battlefield, despite their promise to try not to kill any more Americans. I guess you can't trust anybody these days.
...The logical result of Boumediene is for the U.S. military to exert itself a little less trying to take enemy combatants alive. The military also might consider not sending the little darlings to the Guantanamo Spa and Resort.
Instead of playing soccer, volleyball, cards and checkers in Guantanamo, before returning to their cells with arrows pointed toward Mecca for their daily prayers, which are announced five times a day over a camp loudspeaker, the enemy combatants can rot in Egyptian prisons.
That may be the only place left that is safe from Justice Kennedy.
