Quote:
|
Originally Posted by Manx
|
Neither your comments, nor the article cited give the accurate picture of the Court's opinions in that case. The majority agreed that enemy combatants may be held as the President believes, but that in this case, the individual at issue be given a meanful opportunity to contest the factual basis for his detention. Three justices, not just one, disagreed with this conclusion. There is disagreement on how the determination is made as to who is an enemy combatant and who, if anyone, should review the decision that is made. Justice Thomas believed that the Court is not situated or equipped to reviews these determinations. He did, however, state that Congress has the power to add procedural protections in this circumstance.
This case is also a good rebuttal to those who argue that Thomas is simply Scalia's parrot. If you read his opinion, he takes great issue with multiple aspects of Scalia's analysis.