Did Scalia Prejudge Guantanamo Case?
Newsweek surfaces unpublicized comments by the Supreme Court justice in which he scoffs at the idea of extending full legal rights to Guantanamo detainees. Problem is: He has yet to judge that case.
Newsweek surfaces unpublicized comments by the Supreme Court justice in which he scoffs at the idea of extending full legal rights to Guantanamo detainees. Problem is: He has yet to judge that case.
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April 3, 2006 issue – The Supreme Court this week will hear arguments in a big case: whether to allow the Bush administration to try Guantnamo detainees in special military tribunals with limited rights for the accused. But Justice Antonin Scalia has already spoken his mind about some of the issues in the matter. During an unpublicized March 8 talk at the University of Freiburg in Switzerland, Scalia dismissed the idea that the detainees have rights under the U.S. Constitution or international conventions, adding he was “astounded” at the “hypocritical” reaction in Europe to Gitmo. “War is war, and it has never been the case that when you captured a combatant you have to give them a jury trial in your civil courts,” he says on a tape of the talk reviewed by NEWSWEEK. “Give me a break.”
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Courts & Law
If you want to deepen your understanding of the differences between “originalism” and “living constitutionalism” as competing theories of constitutional law and interpretation, there’s no better place to begin than with the 2006 debate between the late conservative Supreme Court Justice Antonin Scalia and the recently retired liberal Justice Stephen Breyer.
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