Supreme Court

Stop Him Before He Places a Classified Ad!


In his Boumedienne dissent, Antonin Scalia claimed that "At least 30 of those prisoners hitherto released from Guantanamo Bay have returned to the battlefield." This isn't just an unpersuasive argument for denying the detainees due process. Turns out it isn't even true—unless your definition of "returned to the battlefield" includes such nefarious jihadist activities as publishing an article in The New York Times.

NEXT: The Barr Effect, Confirmed

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  1. Heller affirmed, but I don’t know what that means.

  2. Isn’t this the same guy who said we don’t need a remedy for illegal police raids, because of a new professionalism sweeping the nations police departments?

  3. Even if this claim were true, I’d be less than shocked to discover that when the executive branch unilaterally decides guilt or innocence it sometimes fucks up. The purpose of the justice system does cut both ways. Allegations that guilty people were released by an unchecked executive would be one more reason to have evidence examined in an adversarial process overseen by people with experience in examining evidence and determining guilt or innocence.

  4. Perhaps by “battlefield”, Scalia means “earth”.

  5. It appears that the detainees at Guantanamo are less prone to violent anti-democratic ideology than are certain members of the US Supreme Court.

  6. Also note that Scalia said at least 30 “returned to the battlefield.” As everyone except as Scalia and Dick Cheney know, many of the detainees were never on a battlefield.

  7. I think Scalia gets the same email forwards that my Dad gets.

  8. I’ll take the Penis Mightier for $2000, Alex.

  9. Hats off to Denbeaux and his students for the years of work they’ve put in in regards to the situation at Gitmo. Time after time they’ve just flat out refuted the administrations bullshit in regards to their activities in Cuba.
    What I can’t believe is that hsi studies haven’t become more widespread in the discussion of this topic.

  10. Oh, and if anyone tries to pass off the work as coming from some loony left-wing school, just know that Sam Alito taught classes there – some not long before he was nominated to the SC.

  11. We’re also a Catholic school, which causes me no end of amusement.

    Jonathan D. Henry
    Seton Hall Law
    Class of 2008

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