How the Supreme Court Struck Back At the Bush Administration

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New at Mother Jones: In an essay that appears in the August 10, 2006 issue of the New York Review of Books (www.nybooks.com), and posted here (via Tomdispatch) with the kind permission of the editors of that magazine, David Cole examines how the Supreme Court, in its Hamdan decision, struck back at a Bush administration bent on expanding its powers at the expense of the other branches of government. He writes:

[T]he Supreme Court’s decision in Hamdan v. Rumsfeld, issued on the last day of its 2005-2006 term, [is] in equal parts stunning and crucial. Stunning because the Court, unlike Congress, the opposition party, or the American people, actually stood up to the President. Crucial because the Court’s decision, while on the surface narrowly focused on whether the military tribunals President Bush created to try foreign suspects for war crimes were consistent with U.S. law, marked, at a deeper level, a dramatic refutation of the administration’s entire approach to the “war on terror.”

At bottom, the Hamdan case stands for the proposition that the rule of law — including international law — is not subservient to the will of the executive, even during wartime. As Justice John Paul Stevens wrote in the concluding lines of his opinion for the majority:

“In undertaking to try Hamdan and subject him to criminal punishment, the Executive is bound to comply with the Rule of Law that prevails in this jurisdiction.”

The notion that government must abide by law is hardly radical. Its implications for the “war on terror” are radical, however, precisely because the Bush doctrine has so fundamentally challenged that very idea.

Read the rest here.

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Truth #1: The chaos is the point.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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