Bending the Third Rail
Because We Should, We Can, We Do
Friday, September 29, 2006
Naivety
Is it naive to think this is true?
With President Bush poised to sign the White House-backed detainee treatment bill into law, groups are promising to challenge it in court "in days."

“I don’t think there’s a snowball’s chance in ‘H’ that this will be found constitutional,” Michael Ratner, president of the Center for Constitutional Rights, told Congressional Quarterly (sub. req.). CCR represents a number of Guantanamo prisoners.

Strangely, some senators who voted for the bill weren't convinced of its constitutionality. Sen. Arlen Specter (R-PA), who voted for the bill even after his amendment to preserve certain rights for detainees was defeated, called the proposal "patently unconstitutional on its face," The Washington Post reported. When CQ asked Sen. John McCain (R-AZ), who negotiated with the White House to win minor concessions on the legislation, if the bill was constitutional, he responded "I think so."
With the new SCOTUS, I just don't know. Oh sure, there will be a number of lower Federal courts who declare it unconsititional simply because ... well ... it is. But the new order is beginning to permeate the Supreme Court now. I rate it a toss-up.
Written at 11:13 AM by Greyhair.
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