erik lundegaard

John Paul Stevens Quote: Rasul, Hamdan, and Bouemediene

"Still, the summit of Stevens’s achievements on the bench came during the Bush Administration, in the series of decisions about the detention of prisoners at Guantánamo Bay, and he kept for himself the most important of these opinions. In the 2004 case of Rasul v. Bush, among the first major cases to arise from Bush’s war on terror—and the first time that a President ever lost a major civil-liberties case in the Supreme Court during wartime—Stevens wrote for a six-to-three majority that the detainees did have the right to challenge their incarceration in American courts. In his opinion, which was written in an especially understated tone, in notable contrast to the bombastic rhetoric that accompanied the war on terror, he cited Rutledge’s dissent in the Ahrens case—which he himself had helped write, fifty-six years earlier...

"Two years after Rasul, Stevens wrote the opinion for the Court in Hamdan v. Rumsfeld, in which a five-to-three majority rejected the Bush Administration’s plans for military tribunals at Guantánamo, on the ground that they would violate both the Uniform Code of Military Justice and the Geneva conventions...

"Stevens’s repudiation of the Bush Administration’s legal approach to the war on terror was total. First, in Rasul, he opened the door to American courtrooms for the detainees; then, in Hamdan, he rejected the procedures that the Bush Administration had drawn up in response to Rasul; finally, in 2008, in Boumediene v. Bush, Stevens assigned Kennedy to write the opinion vetoing the system that Congress had devised in response to Hamdan.

"After the attacks of September 11, 2001, the Bush Administration conducted its war on terror with almost no formal resistance from other parts of the government, until Stevens’s opinions. He was among the first voices, and certainly the most important one, to announce, as he wrote in Hamdan, that 'the Executive is bound to comply with the Rule of Law.'"

--from Jeffrey Toobin's article "After Stevens" in the March 22nd issue of The New Yorker


Posted at 03:06 PM on Sat. Aug 28, 2010 in category Law  
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