Judge Blasts the Detainee "Charade"
In a decision issued Friday, upholding the denial of habeas to a Gitmo detainee, DC Circuit Judge Laurence Silberman issued a separate opinion -- agreeing with the result but giving a well deserved smack-down to both SCOTUS and the Justice Dept for the "charade" of giving habeas rights to detainees. He blasted SCOTUS for its assertion of "judicial supremacy" in the Boumedienne case which discovered the habeas rights.
He basically dared SCOTUS to clarify its earlier ruling, saying that it's unlikely that the Justices will ever take on another detainee case because “taking a case might obligate it to assume direct responsibility for the consequences of Boumediene v. Bush.” And then he notes that the habeas cases are all a "charade" anyway since, even if they grant a detainee's petition, no other country will take them, and they won't be released into the US, either. Thus, detainee habeas cases are "virtual advisory opinions." I heart Judge Silberman.
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Jun '10
Re: Judge Blasts the Detainee "Charade"
Judge Silberman is a great judge--and good for him for pushing back. People on the left might cite this as judicial activism, but he joined in the affirmance. The nice thing about a concurring opinion or a dissent is that it allows a judge to tell the public and other courts how he or she really feels. It must be liberating to be able to do it--especially to call out the SCOTUS for creating the judicial version of a charade.
Go to the following to view a 30-40 minute interview of Judge Silberman by our own Peter Robinson. http://fora.tv/2009/08/05/Uncommon_Knowledge_Judge_Laurence_Silberman
Edited on Apr 9, 2011 at 8:08pmMay '10
Re: Judge Blasts the Detainee "Charade"
Adam, I rarely have anything to add to your posts, but I always appreciate them. I hope to hear you on a Ricochet podcast soon.
Jun '10
Re: Judge Blasts the Detainee "Charade"
Ditto dat.