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Justice Kennedy’s Opinion In Boumediene

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Here is Justice Kennedy’s opinion for the majority in Boumediene. Bottom line: “We hold these petitioners do have the habeas corpus privilege.”

What does it mean? More uncertainty. More litigation. More amazement among our jihadist enemies at the length to which our courts will go to protect them in their plots to kill thousands and tens of thousands and hundreds of thousands of Americans.

UPDATE: See Professor Bainbridge’s comments here.

What is truly mystifying is that the U.S. is winning this war on all fronts except here at home, where the Senator Obama, the hard left, the MSM, and SCOTUS keep sending the signal to our enemies that if they just hang on a little while longer, we will quit the field.

UPDATE II: Bruce Kesler calls it a victory for “the international lawfare fraternity, ever anxious to increase its own power and reduce that of the US.” (HT: Instapundit.)


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