Comments on: Analysis: Court denies detainees’ habeas cases http://www.scotusblog.com/2007/04/analysis-court-denies-detainees-habeas-cases/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Steve Frooman http://www.scotusblog.com/2007/04/analysis-court-denies-detainees-habeas-cases/#comment-11060 Steve Frooman Mon, 02 Apr 2007 14:20:19 +0000 http://www.scotusblog.com/wp/uncategorized/analysis-court-denies-detainees-habeas-cases/#comment-11060 Obviously, haven't seen the Stevens/Kennedy statement yet, but... One of the claims being that the available remedies are inadequate shams, how can an insistence on the exhaustion of those remedies be anything other than an "opinion" - and clearly a negative one - on the merits of that claim? For that matter, what "other and ongoing injury" do they want? Imprisonment is imprisonment. Or is this one of those situations Professor Lidquist told us about, where something can be a flawless ethical argument and a strong policy argument but an execrable legal argument? Obviously, haven’t seen the Stevens/Kennedy statement yet, but… One of the claims being that the available remedies are inadequate shams, how can an insistence on the exhaustion of those remedies be anything other than an “opinion” – and clearly a negative one – on the merits of that claim? For that matter, what “other and ongoing injury” do they want? Imprisonment is imprisonment.

Or is this one of those situations Professor Lidquist told us about, where something can be a flawless ethical argument and a strong policy argument but an execrable legal argument?

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