By Harris R. Sherline
June 30, 2008
Split 5-4, the U.S. Supreme Court recently handed down a decision about habeas corpus rights of enemy combatants that Senator John McCain characterized as "one of the worst decisions in the history of this country." I agree and here's why:
Henry Mark Holzer, professor emeritus at Brooklyn Law School, made the following points, among others, in an article titled, "The Supreme Court Wins, America Loses," in which he notes,
- "...for the first time in our Nation's history, the court confers a constitutional right to habeas corpus on alien enemies detained abroad by our military forces in the course of an ongoing war."
- "...the Court was able to review the case, in light of its long-standing practice of waiting until lower federal courts have an opportunity to rule."
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