Hey W! Hey Ashcroft! Go
Hey W! Hey Ashcroft! Go deep. Go very deep. Rehnquist’s stepping up to the plate.
Very nice AP piece (at the N.Y. Times website) about a historical talk given by the Chief Justice on military commisions. Reading between the lines, it seems that a comparison between WW2 (as it stood in 1942) and the War on Terrorism may become the court’s issue of choice.
“These cases suggest that while the laws are surely not silent in time of war, courts may interpret them differently then than in time of peace,” Rehnquist said.
…
Two of the three previous Supreme Court rulings on tribunals came out long after the shooting stopped, Rehnquist said. Both found the government overstepped its authority.
The third, “upholding the use of military tribunals, was decided in the dark days of the summer of 1942, when the fortunes of war of the United States were just beginning to recover from their lowest ebb,” Rehnquist said in remarks prepared for delivery at a judicial conference.
I may have more when I stop grinning like an idiot and re-reading a certain Wednesday post.
