Dred Scott Redux: Obama and the Supremes Stand Up for Slavery
(Empire Burlesque) -- by Chris Floyd --
...After hearing passionate arguments from the Obama Administration, the Supreme Court acquiesced to the president's fervent request and, in a one-line ruling, let stand a lower court decision that declared torture an ordinary, expected consequence of military detention, while introducing a shocking new precedent for all future courts to follow: anyone who is arbitrarily declared a "suspected enemy combatant" by the president or his designated minions is no longer a "person." They will simply cease to exist as a legal entity. They will have no inherent rights, no human rights, no legal standing whatsoever -- save whatever modicum of process the government arbitrarily deigns to grant them from time to time, with its ever-shifting tribunals and show trials.
This extraordinary ruling occasioned none of those deep-delving "process stories" that glut the pages of the New York Times, where the minutiae of policy-making or political gaming is examined in highly-spun, microscopic detail doled out by self-interested insiders. Obviously, giving government the power to render whole classes of people "unpersons" was not an interesting subject for our media arbiters. It was news that wasn't fit to print. Likewise, the ruling provoked no thundering editorials in the Washington Post, no savvy analysis from the high commentariat -- and needless to say, no outrage whatsoever from all our fierce defenders of individual liberty on the Right...
The Constitution is clear: no person can be held without due process; no person can be subjected to cruel and unusual punishment. And the U.S. law on torture of any kind is crystal clear: it is forbidden, categorically, even in time of "national emergency." And the instigation of torture is, under U.S. law, a capital crime. No person can be tortured, at any time, for any reason, and there are no immunities whatsoever for torture offered anywhere in the law.
And yet this is what Barack Obama -- who, we are told incessantly, is a super-brilliant Constitutional lawyer -- has been arguing in case after case since becoming president: Torturers are immune from prosecution; those who ordered torture are immune from prosecution. They can't even been sued for, in the specific case under review, subjecting uncharged, indefinitely detained captives to "beatings, sleep deprivation, forced nakedness, extreme hot and cold temperatures, death threats, interrogations at gunpoint, and threatened with unmuzzled dogs."...MORE...LINK
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3 months ago