SCOTUS Limits Bush, Israel Halts Invasion
by Erin Kotecki Vest

The U.S. Supreme Court ruled to limit the Bush administration’s power to conduct military tribunals for suspected terrorists imprisoned at the U.S. Navy base in Guantanamo Bay, Cuba.

The 5-3 ruling does not address the government’s ability to detain suspects, but does mean prosecutors will have to change their policy for at least 10 so-called "enemy combatants" awaiting trial.

Shakespeare’s Sister says, “The Big Gavel falls, and the pendulum of politics begins its swing away from the far reaches of absurdity where it has hovered for too many years. May it never revisit those frightening places.�

Suburban Guerrilla writes, “SCOTUS reversed a decision that the government can try Osama bin Laden’s driver via military tribunals. (Basically, the ruling says Gitmo prisoners must be tried in federal court, not miliary tribunals.) Jeff Greenfield is calling the decision “quite unusual�, that SCOTUS is challenging the notion that the president has unlimited power in wartime.�

Althouse writes, “But the majority's straining to read the DTA to preserve jurisdiction does not at all surprise me (a federal jurisdiction scholar). It is standard practice for the Court to read statutes that purport to cut back jurisdiction in a way that is defensive of the role of the judiciary. Justice Stevens's opinion discusses some of those cases. He doesn't even reach the question of whether the Constitution permits the cut back. This is an issue that he avoids -- in the style of many other cases.�

The Mahablog says, “Our nation hangs by a thread, and that thread is John Paul Stevens.�

President Bush suggests he will seek Congress' approval to proceed with trying terrorism suspects before military tribunals.

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Israel is reportedly delaying a planned ground invasion of northern Gaza, in what some say could signal diplomatic developments in its effort to win the release of a soldier held by gunmen affiliated with the Palestinians' Hamas party.

Meanwhile, French officials are condemning the arrest of Hamas officials, saying that diplomacy is the only solution to the conflict and political figures should not be arrested.
Israeli authorities say the arrests were made as part of a criminal investigation into the officials' involvement in a terrorist organization.

All Things Beautiful writes, “…perhaps times are-a-changing. Pun intended. On second thoughts, nothing changes, the French are still being, well French.�

Contributing Editor Erin Kotecki Vest also blogs at Queen of Spain and DotMoms.

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