Charles Krauthammer on the Supreme Court’s arrogant power grab in Hamdan:
The court’s wanton overriding of Congress and the president is another in a long string of breathtaking acts of judicial arrogance. But it is fixable. The Republican leadership of the Senate responded to the court’s highhandedness by immediately embarking on writing legislation to establish military tribunals.
The unfixable part of the Hamdan ruling, however, is the court’s reading of Common Article 3 of the Geneva Conventions. The Geneva Conventions, which were designed to protect civilian populations and those combatants who respect them, were never intended to apply to unlawful combatants, terrorists of the al-Qaeda kind. The court tortures the reading of Common Article 3 to confer upon Hamdan — and by extension the man for whom he rode shotgun, bin Laden — the kind of elaborate legal protections that one expects from “civilized peoples.”
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