Saturday, March 25, 2006

Justice Scalia Announces Opposition to Trials in Civil Courts for Alien Military Detainees

Marty Lederman at "SCOTUS blog" says:

Two weeks ago, on March 10th, Justice Scalia gave a speech at the University of Freiburg in Switzerland. Apparently he permitted it to be filmed, because the video of the speech, a follow-up Q&A, and a short interview, can be viewed here. Justice Scalia is characteristically combative and provocative. For instance, in response to a question about Bush v. Gore, he responds: "Come on, get over it." He states that the real question in the case was whether the election was to be decided by the Florida Supreme Court or by the U.S. Supreme Court -- "not a very hard question," in his view -- and "there was no way we could have turned that case down." He then states that the Florida Supreme Court -- but not the U.S. Supreme Court -- was "politically motivated." And in response to a question about affording constitutional rights to Guantanamo detainees, he states unequivocally that "foreigners, in foreign countries, have no rights under the American Constitution" and that "nobody has ever thought otherwise."

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