SCOTUS STANDS UP....

SCOTUS STANDS UP. I have to say I'm pleasantly surprised by the Supreme Court's ruling in the Hamdan case. Ordinarily, the Court is very deferential to executive assertions of national security authority and then turns around and changes its mind years after the fact. Note also that conservative "strict constructionists" continue to believe that the Bill of Rights secretly doesn't apply . . . when the President says it doesn't.

Meanwhile, it's always worth recalling the administration's underlying legal theory about Gitmo. This holds that U.S. law doesn't apply there because it's in Cuba. But Cuba doesn't actually get to have sovereign control over the area either, because if it did we'd have to leave as per their request. So, basically, it's a legal null zone where you can just do whatever. This is the kind of thing you expect a seven year-old to come up with when forced to explain why he should be allowed to have dessert even though he hasn't finished his peas yet.

--Matthew Yglesias

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