Another case of liberals who cannot get want they want via the legislative process trying to get judges to write it for them from the bench.
The Supreme Court on Monday turned down a plea by environmental groups to rein in the Bush administration’s power to waive laws and regulations to speed construction of a fence along the U.S.-Mexican border.
Homeland Security Secretary Michael Chertoff has used authority given to him by Congress in 2005 to ignore environmental and other laws and regulations to move forward with hundreds of miles of fencing in Arizona, California, New Mexico and Texas. Read the rest of this entry »
Nothing like cutting through the B.S.
From the New York Times.
Foreign terrorism suspects held at the Guantánamo Bay naval base in Cuba have constitutional rights to challenge their detention there in United States courts, the Supreme Court ruled, 5 to 4, on Thursday in a historic decision on the balance between personal liberties and national security.
“The laws and Constitution are designed to survive, and remain in force, in extraordinary times,” Justice Anthony M. Kennedy wrote for the court.
The ruling came in the latest battle between the executive branch, Congress and the courts over how to cope with dangers to the country in the post-9/11 world. Although there have been enough rulings addressing that issue to confuse all but the most diligent scholars, this latest decision, in Boumediene v. Bush, No. 06-1195, may be studied for years to come. Read the rest of this entry »
