AT: COURTS DAs
DDI 2008 BQ
No Supreme Court Capital
The Supreme Court’s unprecedented Hamdan ruling was extremely controversial.
, writer and historian, alternet, “A Closer Look at the Hamdan Trial,” 7/25/
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
and far exceed the protections given to the defendants [in prior war crimes
The Supreme Court has been divided since the Hamdan decision.
, contributing editor to National Review Online, “The Hamdan Commission Will Go
That ruling was later rejected by a three-judge panel of the D.C. Circuit Court of Appeals that included then-Circuit Judge John
When he was confirmed soon after as U.S. Chief Justice, Roberts recused himself from Hamdan’s appeal to the Supreme
Thus in Hamdan v. Rumsfeld
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
(My analysis of the flaws in this ruling can be found here.)
Boumediene decision was unprecedented.
, staff writer, McClatchy Newspapers, “Bush lawyers told to speed Guantanamo detention
Assistant Attorney General Gregory Katsas told Hogan that the Supreme Court's ruling had raised an "unprecedented range of
," 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."