Thursday, June 29, 2006
Someone Took Their Sane Pills This Morning
Supreme Court smacks down military tribunals 5-3. And how are they smacked down:
Even more importantly for present purposes, the Court held that Common Article 3 of Geneva aplies as a matter of treaty obligation to the conflict against Al Qaeda. That is the HUGE part of today's ruling. The commissions are the least of it. This basically resolves the debate about interrogation techniques, because Common Article 3 provides that detained persons "shall in all circumstances be treated humanely," and that "[t]o this end," certain specified acts "are and shall remain prohibited at any time and in any place whatsoever"—including "cruel treatment and torture," and "outrages upon personal dignity, in particular humiliating and degrading treatment." This standard, not limited to the restrictions of the due process clause, is much more restrictive than even the McCain Amendment.
Which basically says, "No," to almost every technique Bush and company have used on "enemy combatants" since the war began. And speaking of the Bush fiat...
The Bush administration doesn’t argue that warrantless wiretapping was something specifically contemplated in the text or by Congress. Rather, the administration argues that it is implied as part of a broad authorization to “use all necessary and appropriate force.”
The Supreme Court has rejected that expansive interpretation. It’s a huge blow to the administration’s legal rationale for warrantless wiretapping.
This is huge. This is the first time that any one source of government has gathered together and thoroughly rejected every lame motivation-- and lack thereof-- that our current administration has used to claim power over the way our nation works. This could be the change our nation really needs.
Even more importantly for present purposes, the Court held that Common Article 3 of Geneva aplies as a matter of treaty obligation to the conflict against Al Qaeda. That is the HUGE part of today's ruling. The commissions are the least of it. This basically resolves the debate about interrogation techniques, because Common Article 3 provides that detained persons "shall in all circumstances be treated humanely," and that "[t]o this end," certain specified acts "are and shall remain prohibited at any time and in any place whatsoever"—including "cruel treatment and torture," and "outrages upon personal dignity, in particular humiliating and degrading treatment." This standard, not limited to the restrictions of the due process clause, is much more restrictive than even the McCain Amendment.
Which basically says, "No," to almost every technique Bush and company have used on "enemy combatants" since the war began. And speaking of the Bush fiat...
The Bush administration doesn’t argue that warrantless wiretapping was something specifically contemplated in the text or by Congress. Rather, the administration argues that it is implied as part of a broad authorization to “use all necessary and appropriate force.”
The Supreme Court has rejected that expansive interpretation. It’s a huge blow to the administration’s legal rationale for warrantless wiretapping.
This is huge. This is the first time that any one source of government has gathered together and thoroughly rejected every lame motivation-- and lack thereof-- that our current administration has used to claim power over the way our nation works. This could be the change our nation really needs.
