Prediction
I'm going to make a prediction here. As I noted in the update to my previous post, President Bush will likely seek the authority from Congress to continue to try the detainees at Gitmo in military tribunals. Congress, being the rubber stampers that they are, will most likely give it to him (he is a "war prez" after all). But the Congress will try not to give Bush too much "latitude". They will insist that trials be conducted in a manner consistant with the just handed down ruling by the Judiciary. Bush will sign the bill, whose name will probably include the word "Justice" or some other nonsense. After the the big to-do of the ceremony, Bush will issue a signing statement saying he doesn't have to adhere to the provisions regarding how the trials are conducted.
And thus the Supreme Court's decision is completely negated.
Update: Andrew Cochran agrees that Bush and Congress will override the Supreme Court's decision, though he makes no mention of how signing statements will come into play.
And thus the Supreme Court's decision is completely negated.
Update: Andrew Cochran agrees that Bush and Congress will override the Supreme Court's decision, though he makes no mention of how signing statements will come into play.
You're correct, but if Bush goes that route, he'll bring on the Constitutional crisis that I wrote about today on Blognonymous for a couple of reasons. First, there is no precedent for a President ignoring the clear intent of a Supreme Court ruling, even in time of war. Second, statements at signing on their own may be unconstitutional. If your scenario goes down as stated, his own party may impeach him to minimize the damage that Bush clearly flouting a SCOTUS ruling will do.
Things are certainly going to get interesting.
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6/29/2006 06:31:00 PM
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