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: PrawfsLegitimate court-bashing versus illegitimate distortion
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
Senator Lindsey Graham reacted to the SCOTUS's decision in Boumediene by stating, "what happened yesterday was unprecedented. Americans are going to be shocked to find that that mastermind of 9/11, Khalid Sheikh Mohammed, now has the same legal standing as an American."
Does this statement cross the line separating reasonable expression of disagreement with SCOTUS and deliberate distortion of the facts? Given that Kennedy's opinion repeatedly acknowledges that non-citizens do not enjoy the same rights to the writ as citizens, it strikes me that Senator Graham's statement is baldly dishonest, even by the loose standards of elected politicians' trying to drive home a simple message. But maybe I am being too hard on the Senator?
Full post as published by Prawfs on June 14, 2008 (boomark / email).
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