The Supreme Court has agreed to hear a new detention case, and Ed Morrissey says:
The key in this case lies in Marri’s status prior to his arrest. Unlike the people held at Guantanamo Bay, Marri was arrested on US soil while living here legally as a resident alien. The Bush administration has held him on US soil. Both conditions would appear to give Marri the same Constitutional protections as any other legal resident (and in some cases, even illegal aliens).
Most of us want to support an aggressive policy in the war on terror, but this sounds like a step too far. . . . If the executive branch has the power to designate citizens and resident aliens enemy combatants without any due process, what limitations does the executive have on its powers? Literally anyone could get seized with that kind of designation without hope of challenging the executive to produce evidence.
I tend to agree. If you think I’m wrong, tell me why.