Jack Balkin (Knight Professor of Constitutional Law and the First Amendment at Yale Law School) argues:
The government's argument is a fairly straightforward application of one of the worst features of the Military Commissions Act of 2006-- the elimination of habeas corpus rights for non-citizens within the United States when the government chooses to brand them enemy combatants. I've argued that this provision is unconstitutional, but no court has yet ruled on the questionSee also, Jayne Lyn Stahl, "What Part of Outrage Don't They Understand?"
Mickeleh's Take: Now that the president's approval rating is down to 33%, and now that they control a majority of both House and Senate, the Democrats should find the courage and honor to change the law and restore our commitment to Habeas Corpus. Do we have to wait for the Supreme Court to recognize its unconstitutionality?
(Tags: Habeas Corpus, Military Commissions Act, George Bush)