From Patterico, a post on Justice Scalia’s dissent in the recent Guantanamo detainees case.
But here is a starting taste, along with the ending paragraph (note how Scalia conspicuously declines to write “I respectfully dissent” as is the usual custom for Justices):
“Today, for the first time in our Nation’s history, the Court confers a constitutional right to habeas corpus on alien enemies detained abroad by our military forces in the course of an ongoing war. THE CHIEF JUSTICE’s dissent, which I join, shows that the procedures prescribed by Congress in the Detainee Treatment Act provide the essential protections that habeas corpus guarantees; there has thus been no suspension of the writ, and no basis exists for judicial intervention beyond what the Act allows. My problem with today’s opinion is more fundamental still: The writ of habeas corpus does not, and never has, run in favor of aliens abroad; the Suspension Clause thus has no application, and the Court’s intervention in this military matter is entirely ultra vires. [emphasis here mine – S1]
I shall devote most of what will be a lengthy opinion to the legal errors contained in the opinion of the Court. Contrary to my usual practice, however, I think it appropriate to begin with a description of the disastrous consequences of what the Court has done today.
We witnessed the ridiculous sight of TV One News’ saying that this judgment meant the constitution could not be “turned off or on like a tap”. Sorry, the US constitution applies to the US and it’s citizens, it does not and never has applied to foreigners, particularly those engaged in war against it.