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The Supreme Court, in the Boumediene case, invented a constitutional right for our alien enemies to challenge their detention in federal court.(The Week)(Brief article)
The Supreme Court, in the Boumediene case, invented a constitutional right for our alien enemies to challenge their detention in federal court. But it did not dictate the rules that would govern those challenges. Attorney general Michael Mukasey asked Congress to fill the breach, just as it prescribes controlling rules in civilian cases. Democrats appear content to let the courts, instead, make up the rules as they go along. But if left to their own devices, Mukasey argued, judges will turn the battlefield into CSI Kandahar. Our soldiers' lives and missions depend on their not ...
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