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I've been reading all kinds of analysis of this decision, and I'm struck by something nobody's really saying.  Yes, there are dangerous men at Guantanamo, but the Bush Administration's very tactics have ensured that those men can never face trial in U.S. courts.  They have been illegally detained, and they have been tortured.  Evidence gathered through such means is inadmissible in court.  Their attempted end-run around the justice system has virtually ensured that the very people who do pose the greatest threat will go free.
Bah, just blame the activist judges on the Supreme Court. Remember this was a 5-4 decision.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Migeru (migeru at eurotrib dot com) on Fri Jun 13th, 2008 at 06:54:04 AM EST
Oh right, I forgot, we can go back to judiciary-bashing now.  It all fits in the narrative.  Silly me.

The rightward shift of the Supreme Court is so troubling it makes my hands shake.

by the stormy present (stormypresent aaaaaaat gmail etc) on Fri Jun 13th, 2008 at 07:02:08 AM EST
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The rightward shift of the Supreme Court is so troubling it makes my hands shake.

As it should. At the risk of being Godwined here, it has to be remembered that the Nazis were scrupulously legalistic when taking over the German state.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes

by Migeru (migeru at eurotrib dot com) on Fri Jun 13th, 2008 at 07:52:10 AM EST
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If you can corrupt the judiciary, it is just that much easier to keep the empty shell of legal government intact, while ruling by lawless decree.  

This policy, as you say, was successfully tested by the German Nazis, and has been adopted by American neo-cons.  

The Fates are kind.

by Gaianne on Fri Jun 13th, 2008 at 11:57:50 PM EST
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