Base10Blog
Friday, June 30, 2006
 
Detainees and Due Process
Judging only by the headlines, the recent Supreme Court decision in Hamdan v. Rumsfeld was either a judicial ruination of the war on terror or a conviction of President Bush for war crimes. It just depends on who you ask.

I haven't read the actual decision, so I don't want to comment on the substance, but I'd like to point out that Congress could enact a law providing for a tribunal system of the type that the administration wants and limit federal judicial review of such proceedings (subject matter jurisdiction is, after all, also only a creature of mere statute).
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