I was in court all day today and so I did not find out that the Supreme Court had ruled in Boumediene v. Bush today. [Note: PDF link.]

The Court explicitly held that MCA § 7 (the jurisdiction-stripping amendment) was within Congress’ power to enact as a matter of Article III (but not within Congress’ power to enact as a matter of the Suspension Clause).

I’ve said all along that this question, which the Court calls “a threshold matter” was more significant in the long run and from a separation-of-powers standpoint than any ruling on the much more popular and eagerly reported habeas issue.

I haven’t read the whole 134-page opinion yet (or even just the section on the jurisdiction-stripping question), but when I do, I will happily give you my analysis. Whether you want it or not!

Posted by Qwertz at 1:23am on 13 Jun | No Comments

The Rosebush Vandal has struck again. This time, I caught the perpetrator on video. Obviously, I will not be posting the video of the commission of this most recent crime until such time as I am able to determine whether or not it is legally safe for me to do so.

This time, existing blooms were ripped off. The perpetrator demonstrated an inordinate amount of glee. When I get a second to catch up with posting the daily videos to the YouTube, I will also upload photos of the damage. It is too dark right now to take any.

Posted by Qwertz at 1:17am on 13 Jun | 3 Comments