Hamdan Seeks Supreme Court Review
Lawyers for Salim Ahmed Hamdan have asked the Supreme Court to reverse a ruling from the D.C. Circuit that permits Hamdan to be tried before a military tribunal. Terming the decision (in which Judge Roberts joined) “extreme,” Hamdan’s lawyers accuse the circuit panel of disregarding established law.
"Its decision vests the president with the ability to circumvent the federal courts and time-tested limits on the executive," wrote Neal K. Katyal, a law professor at Georgetown University who represents Mr. Hamdan. "No decision, by any court, in the wake of the Sept. 11, 2001, attacks has gone this far."
The Hamdan decision is frighteningly deferential to the executive branch of government. The court held that Hamdan has no right to enforce the Geneva Conventions in court, and that, in any event, “the 1949 Convention does not apply to al Qaeda and its members.” Hamdan denies membership in al Qaeda, but the court left that determination up to the president.
|< March 11 Atlanta courthouse shooting results in 8 firings | The Myth of Meth >|