I finally got around to reading
Scalia's dissent today. It's kind of pathetic. Scalia is generally respected on both sides of the political spectrum, but this opinion is ridiculous in its hyperbole. There have been two excellent summaries of this case by
Dahlia Lithwick - who only
almost manages to make up for the fact that Slate publishes Hitchens - and
Scott Lemieux, so I'll keep this pretty brief. But I'd like to repeat the most fantastically wrong thing that Scalia slips in his dissent:
In the long term, then, the Court’s decision today accomplishes little, except perhaps to reduce the well-being of enemy combatants that the Court ostensibly seeks to protect. In the short term, however, the decision is devastating. At least 30 of those prisoners hitherto released from Guantanamo Bay have returned to the battlefield.
If he wrote this himself, that's really puzzling. If one of his clerks put it in, he should be sacked because it was the Bush administration
not the courts who released those 30 prisoners.
This is the third "devastating setback" to the Bush administration's war on terror, so I don't see too much cause to be optimistic that this will really deter crazy executive branches in the future; although, to be sure, this sets a good precedent that the United States can't indefinitely detain prisoners without habeas simply because they are being held outside of the country.
But, Scalia....really, I expect a lot better from him.