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Law Students

: Objective Justice

Habeas kills Americans?

By Sean Sirrine

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Of course you've heard that Justice Scalia believes that giving aliens habeas rights means that more Americans will die.

His argument is that if the government has to actually make a case against someone and they can't, the person will be let free and return to the battleground to fight and kill Americans in the future.

This isn't without logic, but it disregards Blackstone's formula that has been adopted in this country that would prefer that 10 guilty men go free rather than one innocent man be punished.

If these guys are so bad we should have the scoop on them. Get them in court and punish them. (Or else kill them on the battlefield.)


Seems strange coming from a man who was held as a prisoner of war.

Full post as published by Objective Justice on June 13, 2008 (boomark / email).

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