http://www.scotusblog.com/2007/10/government-opposes-detainee-appeal/ 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 http://www.scotusblog.com/2007/10/government-opposes-detainee-appeal/#comment-12357 Jacques MacKenzie Wed, 24 Oct 2007 06:43:57 +0000 http://www.scotusblog.com/wp/uncategorized/government-opposes-detainee-appeal/#comment-12357 I wonder if that press release qualifies as "conduct unbecoming." I wonder if that press release qualifies as “conduct unbecoming.”

]]> http://www.scotusblog.com/2007/10/government-opposes-detainee-appeal/#comment-12341 Jordan J. Paust Tue, 23 Oct 2007 19:25:32 +0000 http://www.scotusblog.com/wp/uncategorized/government-opposes-detainee-appeal/#comment-12341 The way around the 2006 MC Act is to use the Supreme Court - based rule that a federal statute will not override treaty requirements (e.g., regarding availability of a remedy such as habeas) that there must be a clear unequivocal expression of congressional intent to override (not in this case). Even if such had occurred, there are exceptions to the last in time rule assuring "rights under" treaties as well as the primacy of the laws of war. See Paust, Beyond the Law .... (Cambridge Univ. Press 2007), available thru www.cambridge.org/us The way around the 2006 MC Act is to use the Supreme Court – based rule that a federal statute will not override treaty requirements (e.g., regarding availability of a remedy such as habeas) that there must be a clear unequivocal expression of congressional intent to override (not in this case). Even if such had occurred, there are exceptions to the last in time rule assuring “rights under” treaties as well as the primacy of the laws of war. See Paust, Beyond the Law …. (Cambridge Univ. Press 2007), available thru http://www.cambridge.org/us

]]>