Stewart did a pretty good job on this topic. It seems ridiculous to me that this could happen. You can't just make a law that trumps a constitutional protected right, particularly such a significant one. It seems clear that the Supreme Court would overturn this though I suspect Roberts in particular would be a stickler on standing which would mean someone would need to be (indefinitely?) detained without charges. And how would we know about it? And could he (or she) bring a case? Well I think they've already decided that even Guantanamo detainees can bring habeus petitions so this is exactly that. But seriously, any Representative, Senator or President who voted for this should be impeached.
Here's the ACLU on it Nov. 29.
Senate Rejects Amendment Banning Indefinite Detention and this from yesterday,
Behind Closed Doors: Congress Trying to Force Indefinite Detention Bill on Americans.
Update: The administration's position is
here. While what Stewart described is kinda right, the real issue is this, "The Administration strongly objects to the military custody provision of section 1032, which would appear to mandate military custody for a certain class of terrorism suspects." So they want the flexibility to use civil courts (like with the Times Square bomber) which is a good thing.
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