Shostack + Friends Blog Archive


More on the Military Commissions Act

At the Volokh Conspiracy, Jonathan non-Alder points to the John Yoo op-ed which

…argues that Congress sent a message to the Supreme Court with the passage of the Military Commissions Act: Mind your own business and leave the war on terror alone. In this regard, Yoo argues, the law was, above all else, a “stinging rebuke” to the Supreme Court, particularly insofar as it limited federal court jurisdiction over certain claims.

Alder also points to Marty Lederman’s response, “John Yoo on Court Stripping.” I’d like to add pointers to Kip Esquire’s much simpler and cleaner argument, “Does The MCA ‘Reverse’ The Supreme Court,” and my own, “These aren’t the civil liberties you’re looking for.”

2 comments on "More on the Military Commissions Act"

  • Chris says:

    IANAL, but Marbury v. Madison is still a precedent. This law limits jurisdiction only as long as it is in force.
    To that point, I think this law will ultimately be found unconstitutional. If King George doesn’t like the SC, his only recourse is to pack it (a la FDR), to wait until enough of its members retire to fill it with yes-men (gender non-neutral word choice deliberate), or to amend the Constitution in a way that authorizes these interrogations and their attendent body of rights-violating procedures.

  • KipEsquire says:

    Thanks for the kind words. 🙂

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