Sunday, June 15, 2008

Roger on SCOTUS on GITMO

Roger Kimball on the recent 5-4 decision by the Supremes to grant GITMO detainees habeas rights.

Here's an excerpt:
Writing for the minority in 1949 in Terminiello v. Chicago, a case about free speech, Jackson noted that

"This Court has gone far toward accepting the doctrine that civil liberty means the removal of all restraints from these crowds and that all local attempts to maintain order are impairments of the liberty of the citizen. The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact."

Alas, Justice Kennedy and his left-liberal confreres have gone far in converting the constitution into a suicide pact. Today’s decision is historic. Please, remember the men and women who signed on to it: Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter John Paul Stevens, and Kennedy. Remember their names. They have just made you, your family, and your country more vulnerable to attack by theocratic fanatics bent on the destruction of Western civilization.

Justice Kennedy’s opinion will appeal to all of the sophisticated “why-can’t-we-all-just-get-along” spokesmen for peace and comity who crowd the parliaments of the EU and, in the Democratic Party of the United States, are vibrating with anticipation at an Obombamanic attack on the U.S. in November. (Please pardon the unorthodox spelling.) Personally, I believe that the instinct for self-preservation is sufficiently alive and well enough among most voters to prevent the dégringolade that an Obama administration would mean for this country. Most people, I have to believe, do not want to see themselves taxed into penury. They do not relish the prospect choking the engine of prosperity with stupid bureaucratic over-regulation. They object to the erosion of individual liberty in the name of political correctness. They rebel at the sentimental invocation of “change” when it is nothing more than an empty epithet designed to reinforce the prerogatives of a big-government, anti-freedom elite.

Read the whole thing...