Sunday, May 24, 2009

Solution to Judicial mess? More judges!

It is not enough that we have problems with the Gitmo detainees, now we have to have the courts weigh in at Bagram! One nice thing about this editorial from the Washington post is that it agrees with Cheney's argument that the changes to the Bush policies in dealing with enemy combatants are mainly cosmetic, or, more precisely, rhetorical. 

And this:

"The president's suggested reforms are useful. But voluntary, nonbinding
reform by the executive branch isn't enough. The administration should
actively support legislation, originally backed by Sen. Edward M.
Kennedy (D-Mass.) and recently reintroduced by Sen. Patrick J. Leahy
(D-Vt.), that would give judges more discretion in weighing executive
secrecy claims and more leeway to exclude some evidence without tossing
out entire cases."

It isn't enough to do the right thing, the right thing has to be done by domestic judges!  That way, whatever decisions made by judges now will be binding on future governments and--oh, what are those things called again? Oh yeah!--voters.  You know, after the Obamasiah is gone we might change our minds. That is, no changing our minds because the facts might change.   It is perhaps a step forward, though.  Instead of the usual route to the expansion of judicial power the people's representatives are being asked to request being neutered. It is an improvement over the normal procedure for the judiciary to simply usurp and dare the legislature to do anything about it. 

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