Hearing list — November-December sitting
Two seasoned advocates at the Supreme Court’s bar will argue the cases testing the legal rights of Guantanamo Bay detainees, set for a one-hour hearing at 10 a.m. on Wednesday, Dec. 5. For the detainees will be former U.S. Solicitor General Seth P. Waxman, now a Washington private attorney, and arguing for the government will be the current Solicitor General, Paul D. Clement. The cases are Boumediene v. Bush, 06-1195, and Al Odah v. U.S., 06-1196. A report on the case when the Court granted review can be found here at ScotusWiki.
The list of counsel appearing in the eight cases in the November-December sitting can be downloaded here.
Hopefully, the High Court will decide to give President Bush the leeway he needs in the war on terror. Remember, there is a war on and we’re engaging an enemy, not prosecuting everyday criminals. Remember also that he’ll be gone next year. Any political enemies of his have to understand that the Court’s decisions affect presidents and congress, no matter who’s in charge. Can anyone imagine the WW 2 Supreme Court looking over Franklin Roosevelt’s shoulder this way. In hindsight, maybe they should have, but hindsight is always 20/20. Roosevelt and the USA won the war and we’re wining so far. Results do matter. While I abhor military commissions (and am satisfied the military doesn’t seem to eager to judge suspects in a commission trial setting) and wish President Bush had never resurrected that option of treating terrorist suspects, the fact is he is the president and needs the leeway to fight this war as he sees fit. Like it or not, he’s the commander-in-chief, and Congress has supported his war-time measures so far. Thus, given that 2 branches of our government are in agreement as to how to fight the war on terror, I hope the Supreme Court abstains from another decisions like the 2006 Hamdan decision.
Comment by Michael T. Geary, J.D. — December 3, 2007 @ 3:47 pm