In front of the Supreme Court is a case to determine whether enemy combatants who prefer to kill all nine justices and the other 300 million of us should have the right that all U.S. citizens have, access to habeas corpus rights. This matter was decided once already in 1950 in Johnson v. Eisentrager (1950).
Ignoring precedent, there are still politicians, most of them trying to be president on the Democrat(ic) ticket, that are trying to extend our legal protections to our enemy. While at the same time trying to undercut our troops that are currently fighting for us in Iraq and Afghanistan.
Our courts have no place being involved in telling the Commander in Chief or Congress how to conduct an ongoing war, or any war for that matter.
For the first time in American history, an entire panoply of the federal government’s overseas actions directed at foreigners, including surveillance and even use of deadly force, would become subject to constitutional strictures. This would transform the U.S. into a Gulliver, bound by its own judicial strings, on the international stage.
related link: Gitmo Goes To Court
