June 12, 2008

Question about the SCOTUS Gitmo ruling

Mark Levin asks a very pertinent question:

While I am still reviewing the 5-4 decision written by Anthony Kennedy, apparently giving GITMO detainees access to our civilian courts, at the outset I am left to wonder whether all POWs will now have access to our civilian courts? After all, you would think lawful enemy combatants have a better claim in this regard than unlawful enemy combatants. And if POWs have access to our civilian courts, how do our courts plan to handle the thousands, if not tens of thousands of cases, that will be brought to them in future conflicts?

Indeed. If unlawful combatants have the "right" to have their case(s) heard in US civilian courts, then don't lawful combatants (prisoners of war) have a much better case for that same "right??"

I wonder if the US court system would have been able to handle all those POWs in Europe and the Pacific during WW II wanting to challenge their detentions ....??

Posted by Hube at June 12, 2008 05:20 PM | TrackBack

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