Wednesday, June 18, 2008

Boumediene Arguments

I still haven't read the Boumediene decision (it will be a while) but the Blog of the American Constitution Society in Text, History, and Boumediene provides a summary of Kennedy's and Scalia's arguments.

"Accordingly, one of the most important cases of this Supreme Court term finds the conservative Justices failing to live up to their purported loyalty to constitutional text and history, while the majority opinion deftly uses structural, textual and historical arguments to reach its result.  As Boumediene shows, text and history are vitally relevant to assessing current Executive encroachments on the rights and structure established in the Constitution."

No comments: