Friday, December 22, 2006
I wanted to belatedly acknowledge a federal court's acquiescence in Congress's and George II's effective suspension of habeas corpus for noncitizens under the Military Commissions Act. The story is here. The Constitution (for what it's worth) says habeas corpus can be suspended by Congress (not the president) only during an invasion or rebellion. I don't recall either having happened. But that didn't stop the anti-freedom conspirators in Washington from pulling off the feat. There is now probably nothing to stop George II from consigning noncitizens to life imprisonment for any reason whatever, since the courts have been denied jurisdiction over such matters. The Supreme Court will undoubtedly have something to say about this -- but I wouldn't expect it to be anything good.