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Balkinization:
Hamdan as a Democracy-Forcing Decision — The key to understanding Hamdan is that the Court did not tell the President that he could under no circumstances create military tribunals with very limited procedural guarantees (in this case, without any right to know what the charges are or the right …
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ACSBlog:
Guest Blogger: Hamdan and the Youngstown Framework — By Aziz Huq, Associate Counsel of the Brennan Center for Justice at NYU School of Law — It is not too early to mark the Supreme Court's decision in Hamdan v. Rumsfeld as a landmark. Nor is it too early to wonder what shadow this monument will cast.
Allahpundit / Hot Air:
Reading Skimming Hamdan — Lawyers read. Ex-lawyers skim. Ex-lawyers for whom legal writing is apt to trigger PTSD flashbacks skim lightly. Even skimming lightly, though, it's easy to see that Marty Lederman got it right. — Here's the opinion; save it, open it up, and follow along.
Dennis Byrne / Real Clear Politics:
Cutting Through the Hyperbole on Hamdan — With all the confusion, rushed judgments and overheated rhetoric created by the U.S. Supreme Court's Hamdan complex decision, it's perhaps best to first look at what it does not do. — It does not: — • Satisfy the supposed demands of …
Discussion:
Power Line, Outside The Beltway, BrothersJudd Blog, TBogg and CompassPoints Conservative …
Linda Greenhouse / New York Times:
Justices, 5-3, Broadly Reject Bush Plan to Try Detainees — WASHINGTON, June 29 — The Supreme Court on Thursday repudiated the Bush administration's plan to put Guantánamo detainees on trial before military commissions, ruling broadly that the commissions were unauthorized by federal statute and violated international law.
Marty Lederman / SCOTUSblog:
Legislative Supremacy, The Laws of War, and the Geneva Holding — As I indicated here, the holding that the military commissions are unlawful — although of enormous significance — is hardly the most important holding of the Court today in Hamdan. At least three other holdings are likely of greater lasting significance:
Discussion:
Talking Points Memo
Stuart Benjamin / The Volokh Conspiracy:
INTERPRETING COMMON ARTICLE 3 AND JUSTICE THOMAS: A major aspect …
INTERPRETING COMMON ARTICLE 3 AND JUSTICE THOMAS: A major aspect …
Marty Lederman / SCOTUSblog:
Hamdan Summary — And HUGE News
Hamdan Summary — And HUGE News
Discussion:
Associated Press, Power Line, Washington Post, Sister Toldjah, The Peking Duck, Captain's Quarters, The Belmont Club, Scared Monkeys, NewsHog, Michelle Malkin, ACSBlog, The Sundries Shack, JustOneMinute, TPMCafe, The Anonymous Liberal, Right Wing Nut House, The Glittering Eye, THE ASTUTE BLOGGER, Reuters, The RCP Blog, PartisanTimes.com, Think Progress, Dean's World, The Real Ugly American.com, AMERICAblog, Althouse, Balloon Juice, Patterico's Pontifications, Confederate Yankee, Elephants in Academia, The Reaction —, Balkinization, Wizbang, Blogs of War, Andrew Sullivan, Viking Pundit, Below The Beltway, Assorted Babble, The Washington Monthly, The Heretik, The Agonist, Eschaton, Daily Kos, Rising Hegemon, The Carpetbagger Report, Legal Fiction, QandO, Crooked Timber, Macsmind, Liberty and Justice, Majikthise and Shakespeare's Sister
Andrew Cochran / Counterterrorism Blog:
Prediction: Bush & Congress Will Override the Supreme Court's …
Prediction: Bush & Congress Will Override the Supreme Court's …
Discussion:
Balloon Juice, Hot Air, PrairiePundit, Don Surber, Blue Crab Boulevard, Middle Earth Journal and Wizbang
MSNBC:
Justices revise part of Texas redistricting — Court also rules state legislators may draw new maps as often as they like … WASHINGTON - A fractured Supreme Court ruled Wednesday that states are free to redraw congressional districts whenever they want, largely blessing Tom DeLay's …
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Joe Garofoli / San Francisco Chronicle:
New chapter in battle of words over tracking terrorist financing — House plans debate to praise program, snipe at exposers — Republicans in Congress, conservative commentators and like-minded bloggers have taken an aggressive, blame-the-media tone after recent newspaper articles that detail …
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Jerusalem Post:
Fatah official: Hamas brought violence — A senior Fatah member said on Thursday that although Israel should be condemned for its incursion into the Gaza Strip and the arrest of senior Hamas officials, it was Hamas who brought these actions upon the Palestinian people.
Discussion:
PartisanTimes.com, Captain's Quarters, A Blog For All, Assorted Babble and Liberty and Justice
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Jesselee / The Stakeholder:
OH-18: Crumbling — About 20 minutes ago the liberal House Clerk reported on the liberal House floor that the liberal President Bush's Justice Department has subpoenaed Bob Ney's district director. — And now the liberal media is hurling false liberal attacks by reporting these liberal facts.
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Washington Post:
A Governing Philosophy Rebuffed — Ruling Emphasizes Constitutional Boundaries — For five years, President Bush waged war as he saw fit. If intelligence officers needed to eavesdrop on overseas telephone calls without warrants, he authorized it. If the military wanted to hold terrorism suspects without trial, he let it.
Discussion:
The Strata-Sphere
Lee Keath / Associated Press:
Bin Laden hails slain al-Zarqawi as 'lion' — CAIRO, Egypt - Osama bin Laden defended attacks by Abu Musab al-Zarqawi against civilians in Iraq, purportedly saying in a taped Web message Friday that the slain al-Qaida in Iraq leader was acting under orders to kill anyone who backs American forces.
Mcjoan / Daily Kos:
Wyden Blocks Telecom Legislation over Net Neutrality — Ron Wyden announced this afternoon that he has placed a "hold" on the telecommunciations legislation just passed by the Commerce Committee until clear language is included in the legislation that prevents discrimination in Internet access.
Jane Mayer / New Yorker:
THE HIDDEN POWER — On December 18th, Colin Powell, the former Secretary of State, joined other prominent Washington figures at FedEx Field, the Redskins' stadium, in a skybox belonging to the team's owner. During the game, between the Redskins and the Dallas Cowboys …
Opinion Journal:
Fit and Unfit to Print — What are the obligations of the press in wartime? … So wrote the great legal scholar, Alexander Bickel, about the duties of the press in his 1975 collection of essays "The Morality of Consent." We like to re-read Bickel to get our Constitutional bearings …
Alexander Bolton / The Hill:
Comeback talk creates Lott buzz — The prospect of former Senate Majority Leader Trent Lott (R-Miss.) returning to leadership next year is creating more and more buzz on and off Capitol Hill, Republican insiders say. — The higher volume of talk has been fueled partly by his former aides …
Joe Kovacs / WorldNetDaily:
Bill O'Reilly: Limbaugh targeted for destruction — Fox News host attacks Palm Beach authorities for 'malicious' persecution, tells Rush to move — WEST PALM BEACH, Fla. - Fox News host Bill O'Reilly is coming to the defense of his radio competitor Rush Limbaugh, claiming authorities in Palm Beach County …
Theodore B. Olson / Washington Post:
A Much-Needed Shield for Reporters — Journalists reporting on high-profile legal or political controversies cannot function effectively without offering some measure of confidentiality to their sources. Their ability to do so yields substantial benefits to the public in the form of stories …