It kills me that this man isn’t writing majority opinions. As it is, he’s in the unenviable position of being surrounded by some of the country’s most erudite legal minds, yet realizing that most of them are fucking fools.
Here’s his dissent to Hamdan:
After seeing the plurality overturn longstanding precedents in order to seize jurisdiction over this case…Â and after seeing them disregard the clear prudential counsel that they abstain inÂ
these circumstances from using equitable powers… it is no surprise to see them go on to overrule one after another of the President’s judgments pertaining to the conduct of an ongoing war.
Those Justices who today disregard the commander-in-chief’s wartime decisions, only 10 days ago deferred to the judgment of the Corps of Engineers with regard to a matter much more within the competence of lawyers, upholding that agency’s wildly implausible conclusion that a storm drain is a tributary of the waters of the United States. See Rapanos v. UnitedÂ
States, 547 U. S. ___(2006).
It goes without saying that there is much more at stake here than storm drains. The plurality’s willingness to second-guess the determination of the political branches that these conspirators must be brought to justice is both unprecedented and dangerous.Â
(Emphasis added.)
If it were me writing the words above, I’d be hard-pressed to keep from throttling my colleagues. On the other hand, from the tone, maybe he is too.
Dead on. With people discussing giving terrorists Constitutional rights during wartime, sometimes it all seems absurd. Gotta give credit where it’s due- to our military for doing such a good job fighting that it makes fools here in the States able to deny that we’re at war.