SCOTUS Five Tells Congress F____ Off

June 29, 2006

JUSTICE SCALIA, with whom JUSTICE THOMAS and JUSTICE ALITO join, dissenting:

On December 30, 2005, Congress enacted the DetaineeTreatment Act (DTA). It unambiguously provides that, asof that date, “no court, justice, or judge” shall have jurisdiction to consider the habeas application of a Guantanamo Bay detainee. Notwithstanding this plain directive, the Court today concludes that, on what it calls thestatute’s most natural reading, every “court, justice, or judge” before whom such a habeas application was pending on December 30 has jurisdiction to hear, consider, and render judgment on it. This conclusion is patently erroneous. And even if it were not, the jurisdiction supposedlyretained should, in an exercise of sound equitable discretion, not be exercised.

I have a question. Is the SCOTUS Five saying F___ You to Congress here or is SCOTUS saying “we are immortal Gods?”

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