https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png00emptywheelhttps://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngemptywheel2005-12-29 08:50:002005-12-29 08:50:00Executive Power at the Expense of the Legislature, Sure
Anonymous says:
I look forward to DemFromCT to comment on this. But in the meantime, I’ll just ask whether it’s true that Bush’s approval ratings have (according to WaPo but few other outlets) shot up, apparently because this is the new and improved Humble Bush.
The humility theme was woven into speeches, often in the first two minutes to keep viewers from turning away. Aides had noticed that anger at Bush after Hurricane Katrina subsided somewhat after he took responsibility for the response. The idea, one senior official said, was like fighting with a spouse: â€You need to give voice to their concern. That doesn’t necessarily solve the division and the difference, but it drains the disagreement of some of its animosity if you feel you’ve been heard.â€
Anonymous says:
Lordy, this is a tone deaf filing, just begging the Court to pin their ears back. This is telling the Judicial Branch that they are irrelevent, never a good move.
Anonymous says:
Yep, if it makes it to the full court, we may see another opinion akin to what Luttig wrote. And if Roberts decides on his own, it will be a sure fire indication of whether Roberts is employed by SCOTUS or by George Bush.
Anonymous says:
Justice Roberts’ decision will also inform the hearings about Judge Alito. The latter has a history of supporting the government over the rights of individuals. If Roberts agrees with the administration, (an outrage, in my opinion) then Alito’s confirmation will mean the addition of TWO reactionary, anti-civil liberties justices.
Yet another reason to postpone Alito’s hearings until the judiciary committee gets to the bottom of the illegal wiretaps and the cavalier disreagard of the rights of their so-called â€enemy combatantsâ€. The committee needs to question Alito about these issues and demand answers.
Maybe someday congress will get to the bottom of the so-called (and never ending) â€war on terrorâ€. It seems to me that any â€wartime†powers must be tempered by the reality that this particular war will never end. Certainly not in our lifetimes or that of our children. Do we give up our rights as citizens (not to mention human rights against unlawful imprisonment, torture, kidnappings, renditions, etc.) in support of a â€war†that has no identifiable enemies and will never end? If Isreal’s experience is any guide, I don’t think so.
Anonymous says:
MsCasey, hopefully the appointment of Alito would mean TWO reactionary, anti-civil liberties justices. I would hope that if Roberts shows his hand now, the Senate would take notice.
Anonymous says:
If Roberts denies this to the SC, you can bet Alito will be filibustered. Nearly everyone agrees that Roberts is ever so slightly left of Alito, and if he was to in effect grant the Admin this power, Dems would be forced to realize how truly BAD things would become with Alito in place. Roberts’ ruling may not make, but could surely break, Alito’s chances.
Anonymous says:
Bush better continue reading history, as news reports depict over these holidays he is doing. It was stereotypes in some early first-term speech-making that hastened the advent of the terrorism wars; arriving at the Oval Office from a string of campaign trails, he needed reorienting, but the fundraising rhetoric lingered on and overseas interests found themselves the objects of some pretty hyperbolic characterizations and mischaracterizations. At least this is my sense, that a kind of rhetorical imprecision and disregard for the world community in which we live were the first missteps. Then the terror events; then the near martial law. I am encouraging attorneys to look at what a modern and a classical colonial definition of martial law would be; to make comparison; and then call Bush’s bluff on the headstrong kind of measures he has been using. Unfortunately, upon the turnover of the cabinet at the outset of the second term, promotions were handed to the most galvanized of the ideologues, hopefully with some intelligent exceptions. While this is a test for CJ-Roberts, I would anticipate his leaving sufficient ambiguity in his decision on the Padilla debacle for the Supreme Court to preserve some right to participate in the three-branches of government process. I would expect him to avoid discussing the likages which I make, above, regarding the long record of unilateral and extra-legal acts which have been the principal way this executive has acted since Bush; but, knowing there is deep interest in the legal community as well as among politicians and the rest of us, Roberts will balance the Padilla matter against the other various threads are also likely headed his way soon. And if somehow Alito stumbles, Luttig is a very similar firebrand scholar on the extreme right who might well be nominated after Alito; Roberts has to make a political decision here as well. To: EW; on Alito: Did you follow his Lansing ruling; and, if so, do you have local color to add to improve EarthJustice’s whitepaper at that website. I hope so.
Anonymous says:
Humility? Yeah, right. Has Bush ever admitted making any mistakes? (No, â€taking responsibility†for mistakes made by others without bothering to discipline them doesn’t count.) He’s kept the rhetoric that anyone who disagrees with him is advocating cutting and running, and is surrendering to â€the terrorists,†but â€softened†it only as far as saying that if you stop believing that, he’s willing to forgive you. (Gee, thanks.)
John — do you think there’s any chance Luttig could get nominated after writing the rebuke on Padilla? Bush values absolute loyalty above all else, and if you cross him, you’re an enemy for life. It seems to about the only way in which he actually thinks for himself; I can’t imagine him getting past this and nominating Luttig, whether or not his backers think it’s a good idea.
Anonymous says:
John
Nope, DHinMI is better for local color in MI. I’ve spent most of my time here huddled inside the Ivory Tower and am therefore useless when it comes to MI issues.
The NYT article made the suggestion that Clement’s language was particularly stupid given the 4th Circuits predisposition to rule in favor of Bush. I doubt Luttig will ever get the nod from BUsh now. But he will remain on the 4th Circuit. And I suspect he will be even less inclined to believe BushCo now than he was last week, when he wrote his damning decision.
Anonymous says:
I think the government’s latest filing makes a weird kind of sense, actually.
If a prisoner can be assigned illegal enemy combatant status by order of the president, where do you think the power to release him from military custody ought to lie? Or at the very least, what do you think the effect of a presidential release ought to be? Surely if the executive is privileged to remand him to military custody, he must be privileged not to, or to release him.
The Solicitor General may be quite right here. The government wants Padilla transferred. Padilla wants Padilla transferred. What â€case or controversy†is the 4th Circuit deciding here? They’re pretending they’re still litigating Padilla’s habeas plea, which isn’t directly at issue here. It may be mooted by Padilla’s transfer, but that’s not what the pleadings are about.
The special irony here is that Luttig’s ruling is as pure-bred an example of â€judicial activism†as can be imagined. He’s deciding a case that hasn’t been brought before him.
Anonymous says:
According to the Washington Post (on Saturday, I think,) Padilla’s lawyers made a filing with SCOTUS (on Friday, I think) opposing the transfer to the Florida court. Looks like we’ve got a case or controversy once again.
Anonymous says:
John Lopresti: â€â€¦if somehow Alito stumbles, Luttig is a very similar firebrand scholar on the extreme right who might well be nominated after Alito…â€
Not a chance. After Luttig’s recent excoriation of the Executive branch’s shenanigans in Padilla, he will no longer be seen as a ’team player’ by the Bush administration. No doubt the Bushies will look for another right-winger if Alito’s nomination fails, but it’ll be someone with less of a paper trail than Alito, and more than that of Miers.
I look forward to DemFromCT to comment on this. But in the meantime, I’ll just ask whether it’s true that Bush’s approval ratings have (according to WaPo but few other outlets) shot up, apparently because this is the new and improved Humble Bush.
Lordy, this is a tone deaf filing, just begging the Court to pin their ears back. This is telling the Judicial Branch that they are irrelevent, never a good move.
Yep, if it makes it to the full court, we may see another opinion akin to what Luttig wrote. And if Roberts decides on his own, it will be a sure fire indication of whether Roberts is employed by SCOTUS or by George Bush.
Justice Roberts’ decision will also inform the hearings about Judge Alito. The latter has a history of supporting the government over the rights of individuals. If Roberts agrees with the administration, (an outrage, in my opinion) then Alito’s confirmation will mean the addition of TWO reactionary, anti-civil liberties justices.
Yet another reason to postpone Alito’s hearings until the judiciary committee gets to the bottom of the illegal wiretaps and the cavalier disreagard of the rights of their so-called â€enemy combatantsâ€. The committee needs to question Alito about these issues and demand answers.
Maybe someday congress will get to the bottom of the so-called (and never ending) â€war on terrorâ€. It seems to me that any â€wartime†powers must be tempered by the reality that this particular war will never end. Certainly not in our lifetimes or that of our children. Do we give up our rights as citizens (not to mention human rights against unlawful imprisonment, torture, kidnappings, renditions, etc.) in support of a â€war†that has no identifiable enemies and will never end? If Isreal’s experience is any guide, I don’t think so.
MsCasey, hopefully the appointment of Alito would mean TWO reactionary, anti-civil liberties justices. I would hope that if Roberts shows his hand now, the Senate would take notice.
If Roberts denies this to the SC, you can bet Alito will be filibustered. Nearly everyone agrees that Roberts is ever so slightly left of Alito, and if he was to in effect grant the Admin this power, Dems would be forced to realize how truly BAD things would become with Alito in place. Roberts’ ruling may not make, but could surely break, Alito’s chances.
Bush better continue reading history, as news reports depict over these holidays he is doing. It was stereotypes in some early first-term speech-making that hastened the advent of the terrorism wars; arriving at the Oval Office from a string of campaign trails, he needed reorienting, but the fundraising rhetoric lingered on and overseas interests found themselves the objects of some pretty hyperbolic characterizations and mischaracterizations. At least this is my sense, that a kind of rhetorical imprecision and disregard for the world community in which we live were the first missteps. Then the terror events; then the near martial law. I am encouraging attorneys to look at what a modern and a classical colonial definition of martial law would be; to make comparison; and then call Bush’s bluff on the headstrong kind of measures he has been using. Unfortunately, upon the turnover of the cabinet at the outset of the second term, promotions were handed to the most galvanized of the ideologues, hopefully with some intelligent exceptions.
While this is a test for CJ-Roberts, I would anticipate his leaving sufficient ambiguity in his decision on the Padilla debacle for the Supreme Court to preserve some right to participate in the three-branches of government process. I would expect him to avoid discussing the likages which I make, above, regarding the long record of unilateral and extra-legal acts which have been the principal way this executive has acted since Bush; but, knowing there is deep interest in the legal community as well as among politicians and the rest of us, Roberts will balance the Padilla matter against the other various threads are also likely headed his way soon. And if somehow Alito stumbles, Luttig is a very similar firebrand scholar on the extreme right who might well be nominated after Alito; Roberts has to make a political decision here as well.
To: EW; on Alito: Did you follow his Lansing ruling; and, if so, do you have local color to add to improve EarthJustice’s whitepaper at that website. I hope so.
Humility? Yeah, right. Has Bush ever admitted making any mistakes? (No, â€taking responsibility†for mistakes made by others without bothering to discipline them doesn’t count.) He’s kept the rhetoric that anyone who disagrees with him is advocating cutting and running, and is surrendering to â€the terrorists,†but â€softened†it only as far as saying that if you stop believing that, he’s willing to forgive you. (Gee, thanks.)
John — do you think there’s any chance Luttig could get nominated after writing the rebuke on Padilla? Bush values absolute loyalty above all else, and if you cross him, you’re an enemy for life. It seems to about the only way in which he actually thinks for himself; I can’t imagine him getting past this and nominating Luttig, whether or not his backers think it’s a good idea.
John
Nope, DHinMI is better for local color in MI. I’ve spent most of my time here huddled inside the Ivory Tower and am therefore useless when it comes to MI issues.
The NYT article made the suggestion that Clement’s language was particularly stupid given the 4th Circuits predisposition to rule in favor of Bush. I doubt Luttig will ever get the nod from BUsh now. But he will remain on the 4th Circuit. And I suspect he will be even less inclined to believe BushCo now than he was last week, when he wrote his damning decision.
I think the government’s latest filing makes a weird kind of sense, actually.
If a prisoner can be assigned illegal enemy combatant status by order of the president, where do you think the power to release him from military custody ought to lie? Or at the very least, what do you think the effect of a presidential release ought to be? Surely if the executive is privileged to remand him to military custody, he must be privileged not to, or to release him.
The Solicitor General may be quite right here. The government wants Padilla transferred. Padilla wants Padilla transferred. What â€case or controversy†is the 4th Circuit deciding here? They’re pretending they’re still litigating Padilla’s habeas plea, which isn’t directly at issue here. It may be mooted by Padilla’s transfer, but that’s not what the pleadings are about.
The special irony here is that Luttig’s ruling is as pure-bred an example of â€judicial activism†as can be imagined. He’s deciding a case that hasn’t been brought before him.
According to the Washington Post (on Saturday, I think,) Padilla’s lawyers made a filing with SCOTUS (on Friday, I think) opposing the transfer to the Florida court. Looks like we’ve got a case or controversy once again.
John Lopresti: â€â€¦if somehow Alito stumbles, Luttig is a very similar firebrand scholar on the extreme right who might well be nominated after Alito…â€
Not a chance. After Luttig’s recent excoriation of the Executive branch’s shenanigans in Padilla, he will no longer be seen as a ’team player’ by the Bush administration. No doubt the Bushies will look for another right-winger if Alito’s nomination fails, but it’ll be someone with less of a paper trail than Alito, and more than that of Miers.
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