You’re probably doing this here, too.
UPDATE: As of 10:10, here’s what Lyle has for us:
The Supreme Court ruled on Thursday that President Bush did not have authority to set up the war crimes tribunals at Guantanamo Bay, Cuba, and found the “military commissions” illegal under both military justice law and the Geneva convention.
The Court, in the only other decision, ruled that Arizona’s law on the insanity defense does not violate constitutional due process. The ruling in Clark v. Arizona (05-5966) was written by Justice David H. Souter and divided the Court 6-3, although Justice Breyer also filed a partial dissent and partial concurrence. The ruling upheld what is called the “Mott rule” in Arizona, barring psychiatric evidence of a mental disorder short of insanity to offset prosecution evidence of criminal intent.
Stay tuned for more.
ANOTHER UPDATE: More from Lyle as of 10:30:
[The main opinion was] written by Justice John Paul Stevens. That opinion was supported in full by Justices Stephen G. Breyer, Ruth Bader Ginsburg and David H. Souter. Justice Anthony M. Kennedy wrote separately, in an opinion partly joined by Justices Breyer, Ginsburg and Souter. Kennedy’s opinion did not support all of Stevens’ discussion of the Geneva Convention, but he did find that the commissions were not authorized by military law or that Convention.
Justices Samuel A. Alito, Jr., Antonin Scalia and Clarence Thomas, the dissenters, each wrote an opinion.
Does this mean that AMK didn’t join any of the JPS opinion? I also wonder if the reading of the opinions will be followed by some important news.
YET ANOTHER UPDATE: You can read the opinions here yourself. Kennedy joined much of the JPS opinion, and there was no “important news.” More blogging on the case from the top.
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Orin, from Marty Lederman’s post setting forth Hamdan’s syllabus, there’s this excerpt:
“. . . Assuming the AUMF activated the President’s war powers, see Hamdi v. Rumsfeld, 542 U. S. 507, and that those powers include authority to convene military commissions in appropriate circumstances, see, e.g., id., at 518, there is nothing in the AUMF’s text or legislative history even hinting that Congress intended to expand or alter the authorization set forth in UCMJ Art. 21. Cf. Ex parte Yerger, 8 Wall. 85, 105.”
Assuming this is what J. Steven’s opinion says, and assuming J. Kennedy joined this portion (as the syllabus indicates he joined some of the opinion), my question is this.
Have at least 5 justices spelled the end — if the issue is ever brought to federal court — of the administration’s domestic spying program, at least on AUMF grounds?
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