tanstaafl
2008-06-23 05:19:14
Unfortunately it is not uncommon for a majority of the Supreme Court to make new law based not upon precedent but upon policy preferences of members of the Court.
Justice Anthony Kennedy (in particular) seems to look to “enlightened” (ahem) European precedent in thinking about a case as opposed to the US Constitution, the (only) document whose tenets and principles he was hired to uphold.
Whatever comes out of this new habeas corpus mish mash will generate a new round of appeals and our avowed enemies will work their way deeper and deeper into our court system.
