Undoubtedly the Supreme Court's decision in Boumediene v. Bush will be hailed in many quarters as a great victory for the rule of law. It is not. It represents the continuing trend in our society to convert every form of decision-making into a potential cause of action. For the first time in our history, the Supreme Court in Boumediene vs. Bush has rejected the judgment of both the Congress and the President on an issue of national security. The writ of habeas corpus has now been extended to foreign nationals whose only connection to the United States is their capture by our military in time of war. ...
Boumediene vs. Bush: The Dangers of Judicial Overreach
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- Written by RC_Anderson
Undoubtedly the Supreme Court's decision in Boumediene v. Bush will be hailed in many quarters as a great victory for the rule of law. It is not. It represents the continuing trend in our society to convert every form of decision-making into a potential cause of action. For the first time in our history, the Supreme Court in Boumediene vs. Bush has rejected the judgment of both the Congress and the President on an issue of national security. The writ of habeas corpus has now been extended to foreign nationals whose only connection to the United States is their capture by our military in time of war. ...
