Thursday, June 12, 2008

The Childish Dissent

In a 5-4 decision the Supreme Court ruled today that "foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts," that Habeas Corpus does still glimmer, albeit dimly, over the shadow of our modern times.

Five to Four.

Four Supreme Court Justices dissented, voted against this most basic, obvious right. John Roberts, Samuel Alito, Antonin Scalia and Clarence Thomas each voted that prisoners, individuals, human beings cannot challenge their detention. They did not vote against the release of the prisoners. The did not vote against the aiding, the abetting of prisoners. They did not vote against the glorification of prisoners. No. They voted against the right of these individuals to simply challenge their detention, the right of these individuals to walk into a United States civilian court and demand proof, evidence, or merely ANYTHING that could justify their imprisonment.

And so we must ask upon what did they base this decision, what clairvoyance aided their assessment?

Scalia said the nation is "at war with radical Islamists" and that the court's decision "will make the war harder on us. It will almost certainly cause more Americans to be killed."

What evidence, what proof is offered to support this position? What rational argument is its base? Americans will die if terrorist suspects held without proof, evidence, or charges are allowed to challenge their detention? From what laughable realm of fiction does this fear mongering come? In what Nation was Scalia born, raised, educated? Whose history did he learn? Whose values did he adopt?

On March 23, 1775 when Patrick Henry stood before the Virginia House of Burgesses and proclaimed "I know not what course others may take; but as for me, give me liberty or give me death!" was his sentiment dishonest, baseless? Is "Live free or die: Death is not the worst of evils." mere rhetoric? Is Anthony Kennedy's statement that "The laws and Constitution are designed to survive, and remain in force, in extraordinary times" false?

What are we as a nation, John Roberts, Samuel Alito, Antonin Scalia, Clarence Thomas? In what do we believe? Is our legal system little more than the means by which we achieve short-sighted, ignorant, fear-based goals? Do we really want to take a machete to the Constitution and reassemble it with Elmer's Glue, scotch tape, and blind fear? Are you seriously terrified that if Osama bin Laden's former driver has access to a U.S. civilian court we'll all die?

Upon hearing the decision President Bush said "We'll abide by the court's decision. That doesn't mean I have to agree with it."

Of course you don't agree with it, Mr. President. You're disdain for the Constitution is abundantly clear at this point. But John Roberts, Samuel Alito, Antonin Scalia, and Clarence Thomas? Whence the fear these Supreme Court Justicies have for freedom, for rights, for the law? Are they truly so divorced from reality, from history, that the patriotic declarations of our history move neither their minds nor their hearts?

"Give me liberty or give me death!"
"Live free or die!"

Perhaps some still understand the sentiment of these declarations: that it is better to die than to live in tyranny. But for others, for the weak-willed cowards of John Roberts, Samuel Alito, Antonin Scalia, and Clarence Thomas these are little more than hollow reminders of a chivalry long lost and a history quickly forgotten. To them these quotes are delusional. More apt would be a cry that we are mere children perpetually trembling at the notion that the driver of a car could enter a courthouse and be treated like a human being.

"The nation is 'at war with radical Islamists' and that the court's decision 'will make the war harder on us. It will almost certainly cause more Americans to be killed.'"

Please, Scalia. Did you write that statement while cowering behind your mother afraid that the big, bad Islamo-fascist caricatures were going to get you? Or do you actually believe your own tripe?

Resign your posts and retire to your cribs, Scalia, Roberts, Alito, Thomas. We have no use for frightened children on the court.


Mike Lewis said...

well put. for someone who claims to hate Locke, you sure seem to all up on that shit today

kylebrown said...

This may be the best rant you have produced to date. I approve.


Mike Lewis said...

the full thing can be found here:
some other great quotes:

– “America is at war with radical Islamists. … Our Armed Forces are now in the field against the enemy, in Afghanistan and Iraq.”

– “The game of bait-and-switch that today’s opinion plays upon the Nation’s Commander in Chief will make the war harder on us. It will almost certainly cause more Americans to be killed.”

– “Today the Court warps our Constitution.”

– “The Nation will live to regret what the Court has done today.”

Caleb said...


Roscoe said...

This was very good, J. very good.

Also puts another layer of gloss on why, precisely, we would do well to avoid electing McCain, no?