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Scalia’s fear factor
[Quote:]
The court decided that Guantanamo Bay detainees have the right (known as habeas corpus) to challenge the legality of their detentions in federal district court. It did not authorize the release of a single detainee, nor did it answer many tough questions (What should be the standard adopted in evaluating a detainee’s claim? What deference should be given the military by a civilian court?). But it squarely stated that the Constitution has full effect at Guantanamo, available even to those detained there.
[..]
The decision infuriated Scalia. It “will make the war harder on us,” he asserted in dissent. “It will almost certainly cause more Americans to be killed.”
Yes, Justice Scalia, Americans will die. Regardless of the decision in Boumediene, Americans will die.
The issue is not whether Americans will die, but how Americans will live. It’s clear “in fear” is your answer, and it’s the wrong one…
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