Supreme Court Justice Antonin Scalia dissented in a 5-4 decision last week. The Supreme Court decided that Guantanamo detainees should be allowed to challenge their detention in Federal Court. Scalia wrote an observation about the decision, saying it “… will almost certainly cause more Americans to be killed.”
I don’t know whether to laugh or cry. Here we have the most powerful legal representative of our country basically denouncing our legal system as unable to determine whether or not someone should be held indefinitely without a trial or not. Hey Scalia … does our system work or not? If it doesn’t why should we give a shit about your opinion? If it does work, why are you opposed to allowing a potentially innocent man to get a fair trial?
I’ll tell you why he’s opposed to it; because that man might be potentially guilty. <cue evil music: DUN DUN DUNNN>
So there you have it. Justice Scalia is opposed to releasing potentially guilty prisoners because if they are guilty, they might kill someone. Forget about Habeus Corpus. If the military arbitrarily imprisons a man or woman, that’s final. In a telling statement, the conservative Scalia said the decision, “boldly extends the scope of the habeas statute to the four corners of the earth.” OH GOD NO! NOT THAT! But wait a minute, I thought we were trying to export our Democracy, weren’t we? So isn’t this a good thing?
George Bush: “The advance of freedom is the surest strategy to undermine the appeal of terror in the world. Where freedom takes hold, hatred gives way to hope. . . . American values and American interests lead in the same direction.”
Based on this, clearly George Bush would dissent against Scalia’s dissenting opinion. Unless Habeus Corpus is no longer considered an American value. That must be it. 9/11 changed everything, after all.
Assuming that Scalia went to law school, he may have heard of “The Blackstone Ratio” which is based on a statement made by English Jurist William Blackstone, “Better that ten guilty persons escape than that one innocent suffer.” Ben Franklin suggested raising the ratio to 100. There are 270 men in Guantanamo Bay, and some officials have estimated that as many as 100 should have never been sent there.
So if Scalia believes that potentially guilty people should be detained in order to prevent Americans from being killed, the surest way of doing that: detain everyone.
Can Justices be ousted? Please?