Anonymous ID: 735bc6 Sept. 6, 2018, 2:13 p.m. No.2907797   🗄️.is 🔗kun   >>7879 >>7912

>>2907707

Hey Lawfag!

Could you please comment on the following:

Scalia dissent

Justice Antonin Scalia's dissent, joined by Justice John Paul Stevens, went the furthest in restricting the executive power of detention. Scalia asserted that based on historical precedent, the government had only two options to detain Hamdi: either Congress must suspend the right to habeas corpus, or Hamdi must be tried under normal criminal law. Scalia wrote that the plurality, though well-meaning, had no basis in law for trying to establish new procedures that would be applicable in a challenge to Hamdi's detention - it was only the job of the Court to declare it unconstitutional and order his release or proper arrest, rather than to invent an acceptable process for detention.

 

https://

en.wikipedia.org/wiki/Hamdi_v._Rumsfeld

 

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