...But I'd Better Not Count Mark Levin Out

Brilliant analysis of the outrageous Hamdan decision:

I wrote an entire book on the subject of the Supreme Court, and how it's destroying America. And that's exactly what it's doing. In 2004, the Court said, in two cases — Rasul and Hamdi — for the first time in our history, that unlawful enemy combatants — that is, terrorists who themselves refuse to comply with the rules of law — have a legal right to access to our federal civilian courts and can file habeas corpus petitions there. That means they can ask a federal judge to determine whether their detention is proper. In the past, the Supreme Court refused to grant such access to our courts. And as I wrote at the time, this is a slippery slope. Having broken down the wall of restraint that had traditionally been recognized by the Court, there appears to be no limit anymore on the judiciary's role in second-guessing the commander-in-chief. And that's exactly what happened today.

Replacing Rehnquist with Roberts and O'Connor with Alito accomplished what exactly? Roberts had to recuse himself, but even had he voted against, Kennedy (Reagan appointee), Breyer, Souter (Bush I), Ginsburg, and Stevens would have carried the day in gutting our ability to keep terrorists hors de combat.

Hugh Hewitt seems to think having more Republicans in the Senate means a conservative Court, but by my count this should have been 5-3 the other way if that were true.

In the meantime, the Supreme Court competes with The New York Times for the role of chief executive of the United States.