193 BQ Aff Answers to Courts Disads

193 BQ Aff Answers to Courts Disads - AT COURTS DAs DDI...

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AT: COURTS DAs DDI 2008 BQ    Fishell [PMA] No Supreme Court Capital The Supreme Court’s unprecedented Hamdan ruling was extremely controversial. Andy Worthington , writer and historian, alternet, “A Closer Look at the Hamdan Trial,” 7/25/ 08 http://www.alternet.org/rights/92806/a_closer_look_at_the_hamdan_trial/ Last week, however, Hamdan's run of significant court victories came to an en d, after a two-hour hearing with Judge Robertson in which both sides put their cases. Defending the process, and Hamdan's eligibility for the trial, lawyers for the government said, as the Christian Science Monitor explained, that the Commission process "was created by Congress and features an impartial judge and jury, as well as a 'full panoply' of trial rights." In a court filing, Justice Department lawyer Alexander Haas declared, "Such rights for an alien charged with war crimes are utterly unprecedented and far exceed the protections given to the defendants [in prior war crimes tribunals]." The Supreme Court has been divided since the Hamdan decision. Andrew C. McCarthy , contributing editor to National Review Online, “The Hamdan Commission Will Go Forward,” 7/18/ 08 , http://article.nationalreview.com/?q=MmE3YWViZTM3N zc0NDE5NjYyNmUwOWUxM2MyOWQ2YmQ= That ruling was later rejected by a three-judge panel of the D.C. Circuit Court of Appeals that included then-Circuit Judge John Roberts. When he was confirmed soon after as U.S. Chief Justice, Roberts recused himself from Hamdan’s appeal to the Supreme Court. Thus in Hamdan v. Rumsfeld (2006), the sharply divided high court ruled, 5-3, that the president’s commission system violated federal law. Though it did not fully adopt Judge Robertson’s reasoning, the majority found that enemy combatants were protected by the Geneva Conventions’ “Common Article 3,” at least to the extent it required any trials to be conducted by “a regularly constituted court.” (My analysis of the flaws in this ruling can be found here.) Boumediene decision was unprecedented. Marissa Taylor , staff writer, McClatchy Newspapers, “Bush lawyers told to speed Guantanamo detention appeals,” 7/8/ 08 , http://www.mcclatchydc.com/257/story/43481.html Assistant Attorney General Gregory Katsas told Hogan that the Supreme Court's ruling had raised an "unprecedented range of uncertainties ," adding the department would not be able to comply with the deadline proposed by lawyers for the plaintiffs because of a lack of resources. Instead, he said the department could file records in about 50 cases a month — a prospect that he said would still "strain our resources almost to the breaking point." 1
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AT: COURTS DAs DDI 2008 BQ    Fishell [PMA] Supreme Court = Activist Supreme Court recently ignored precedent with the D.C. handgun ban. Erwin
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193 BQ Aff Answers to Courts Disads - AT COURTS DAs DDI...

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