Assume for a moment that America is a fair, unbiased, and stable society, steeped in our traditional belief in the Constitution as the supreme law of the land. Now add in some current real world news items. For many reasons - not the least of which is the news that the middle class is about to lose several tax breaks, the Democrats are seen as having a great chance to take over the Congress - not a good thing for the Bush Administration.
Mix in the results of a new Gallup poll on the Supreme Court, which reports that while 60% of those polled approve of the actions of the Supreme Court, the political leanings of the Justices is beginning to cause concern.
Of course the liberals aren't happy with the current line up, so that isn't the topic today. What is? The fact that Americans all across the political spectrum are more likely feel that the Court is too conservative rather than too liberal if they aren't happy with its current political alignment.
The way I read this is that a significant number of Americans would not look favorably upon another Roberts or Alito being nominated - not a good thing for the Bush Administration.
Might this be why Attorney General Alberto Gonzales mouthed a lot of lame platitudes about "the importance of judicial independence" prior to warning judges against interfering in the affairs of the Executive Branch? That their practice of packing the courts with ideologues is going to cause them trouble with the people of this country?
That can't be allowed!
The Congress - based on their compliant passage of the Millitary Commissions Act, is already under the thumb of the Bush Administration. The judges - based on the numerous 'anti-Administration' rulings issued by many judicial levels, including from the Supreme Court - are not. The job of subjugating America's courts to the power of the executive will is not yet completed.
Article comments
1 - Dave Nalle
Now that Bush has the 'authority' to declare even citizens enemy combatants, such a status can be levied by the president - or by anyone to whom he delegates that authority - against judges who rule against the White House.
I'm not sure what the LA Times article you reference here is talking about, but none of what you describe here is authorized under the MCA. It clearly applies only to aliens, not US citizens.
All it would take would be to declare under Section 948a of the MCA that a judicial ruling 'supports forces hostile to the United States or coalition partners' who are currently 'engaged in an armed conflict against the United States'.
Did you cite that correctly? 948a is all about delivering a copy of the charges to the accused in an appropriate language so he can sign them.
There is no appeal, nor is there the right to challenge one's accusers.
Really? Then what's all this in 958h(c) about the right of the accused to appeal the ruling to a Review Commission, and the subsequent provision in 958g for that ruling to be further appealed to the US Court of Appeals for the District of Columbia?
As for the right to challenge accusers, that's also addressed, except in 'exceptional circumstances' involving classified information.
Dave
2 - Sp
This happened because CIA needed to be bailed out. They tried to apply the military law to the CIA earlier and it did'nt work. So, military bailes out CIA as theymove the CIA analysts to DIA/NSA leaving the CIAoperations officers out.
CIA is not worth the time they are like taking care of babies.
3 - Baronius
A recent Zogby poll found that 76% of Americans couldn't name one Supreme Court Justice. I have no faith in the Gallup poll you cite, because it matches exactly what people would say to a pollster they were trying to impress. "Supreme Court? Sure, they're doing a good job. Their political leanings? ABC News said that they were too Republican, so I'll say 'conservative'. Conservative is the Republican one, right?"
4 - Nancy
I think the 'surprise' Rove is hinting at is BushCo's plan to suspend democracy & the elections and declare himself dictator, citing the same emergency-nation-at-war bullshit justification. Should that happen, every single loyal American citizen should pick up a gun & head down to the WH to take out this traitorous asshole AND the vile administration he grovels to.
5 - Baronius
Nancy, do you actually think that?!
6 - Ruvy in Jerusalem
Nancy writes,
'I think the 'surprise' Rove is hinting at is BushCo's plan to suspend democracy & the elections and declare himself dictator, citing the same emergency-nation-at-war bullshit justification.'
I don't necessarily disagree with you, but I have a persecution complex? I could think of other October surprises that could lead to a declaration of martial law and possibly a suspension of elections in the wake of a "national emergency."
7 - Ruvy in Jerusalem
BTW, Realist, I couldn't help noting the author of the book you were mentioning from Amazon. Aharon Barak, the retired president of the high court here, has turned Israel into a judicial dictatorship where a small clique of like minded secularist lawyers apply the law unequally.
8 - Arch Conservative
Realist are you familiar with Kelo versus New London at all?
9 - Arch Conservative
I only ask because you seem like the typical ignorant, left wing moonbat who wants to blame Bush for everything you possibly can while trying to promote the bullshit idea that we're a mere two steps from living in a police state while completely ignoring the fact that the liberal left wing supreme court justices ruled in favor of the government to seize private property and the conservative right leaning justices sided with the private citizens.
10 - Donnie Marler
"Declare himself Dictator." Good Lord. Has the left completely lost their collective minds?
11 - Arch Conservative
Donnie ..........
Um yeah........... and a long time ago. Where the hell have you been?
12 - Arch Conservative
You going to respond Realist?