Yesterday, two landmark court decisions were entered in two different Federal Courts, on either side of the country.
In the first, the President was found to not have the inherent power to declare a single US Citizen an "enemy combatant" and indefinitely detain him in military facilities.
In the other, over 600 foreign nationals were found to have the right to habeas corpus petitions (petitions for release from incarceration), seen in most circles as one of the fundamental rights that all are entitled to.
Which one made the news here in the US?
The first - the case of Jose Padilla (now known as Ibrahim), was the one reported in every major news organization. CNN, MSNBC...you can find the story anywhere.
Now look for the other, the Guantanamo case involving the Afghanis and other foreign nationals being held offshore (and thus, according to the President, not able to assert the same rights they would have on US soil). Nearly nowhere in the US media that I can find, but it's all over the international media. (Note: This morning MSNBC & Fox News did finally post an article on the Gitmo decision.)
What's even more ironic is that the 9th Circuit opinion comes not from a trial court (as does the 2nd Circuit opinion - originating from panel from the US District Court for the Southern District of New York), and thus actually has more "weight" as legal precedent.
Nothing more to say, really...the decision that had the biggest bite, and the strongest take on our uses of police power have been hidden (at best) from the people who probably don't care about it anyway. You get what you pay for, and you pay as you go.
SDNY Opinion in the Padilla case.
9th Circuit Decision in the Guantanamo case.
