For the first time in our nation’s history, the federal civil courts are actively involving themselves in the conduct of war, overriding the judgment of the two elected branches of government.

In its latest demonstration of an imperial judiciary, the Supreme Court struck down a provision of the Military Commissions Act of 2006, which had stripped the federal courts of jurisdiction to hear habeas corpus petitions from terrorist suspects designated as enemy combatants who were seeking to challenge the lawfulness of their detentions. Justice Kennedy’s 5-4 opinion claimed that the inordinate delay in providing them with a hearing before a ‘neutral’ decision-maker concerning the legitimacy of their detentions justified the Court’s granting of habeas corpus, even though much of the delay was caused by the detainees’ own lawyers’ protracted appeals.  Full Piece