Tweety, I think your view on USSC Justices are a little skued.
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"The very core of liberty," Justice Scalia said, "has been freedom from indefinite imprisonment at the will of the executive."
Antonin Scalia, in a scholarly partial dissent, said the majority had not gone far enough.
"Either charge Hamdi with treason, or get Congress to suspend the writ of habeas corpus. Otherwise, release Hamdi."
"Many think it is not only inevitable but entirely proper that liberty give way to security in times of national crisis. . . . Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation and application of a Constitution designed precisely to confront war and, in a manner that accords with democratic principles, to accommodate it."
Comments and opinions from
Hamdi v. Rumsfeld
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" Liberty is for the brave. From the Revolutionary War to the wars in Afghanistan and Iraq, our men and women at arms have responded to threats to our liberty with the courage that befits a great and free people. But preservation of our liberties requires not only the physical courage of our warriors. It demands as well moral courage or civic courage on the part of all our citizens: the courage to stand up against that tyranny most feared by the Framers of our Constitution, the tyranny of the majority. This is the courage of ordinary people like Rosa Parks, of great figures like Martin Luther King, Jr., and of all those who resist popular moves to abridge constitutionally established rights, or to subvert the structure of our democracy.
Sometimes opponents of the popular will are wrong. Civic courage is not always conjoined with civic wisdom. But better civic courage that is sometimes misdirected than no civic courage at all. When that virtue disappears from our midst, the central liberty of our democracy on which all other liberties depend, the freedom of speech, will become in effect the freedom to agree with the prevailing view. Let us resolve always to be the home of the brave - that we may always remain the land of the free."
Written for ASI by Antonin Scalia
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"It is difficult to maintain the illusion that we are interpreting the Constitution, rather than inventing one"
-U.S. Supreme Court Justice Anthony Scalia, in his minority dissenting opinion in Nebraska vs. Carhart
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"It is clear from this that the Court has taken sides in the culture war, departing from its role of assuring, as neutral observer, that the democratic rules of engagement are observed. . . . But it is the premise of our system that those judgments are to be made by the people, and not imposed by a governing caste that knows best.. . . "
dissenting opinion in Lawrence vs. Texas
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Bush said Scalia would be his model for choosing a nominee.
