Scalia’s “Opinion”

I was reading what those charming right wingers over at the Powerlines blog had to say about the recent Supreme Court decision, and saw this quotation from “Justice” Scalia’s dissenting opinion:

9. Justice Scalia notes in his dissent that the Court’s decision is difficult to reconcile with American history as well as its own precedent:: “The category of prisoner comparable to these detainees are not the Eisentrager criminal defendants, but the more than 400,000 prisoners of war detained in the United States alone during World War II. Not a single one was accorded the right to have his detention validated by a habeas corpus action in federal court—and that despite the fact that they were present on U. S. soil.”

This provides an insight into the grotesque workings of this man’s fascist mind. He is saying that since the government committed human rights abuses in the past (especially since they were committed during World War Two when as we all know the U.S. was absolutely right-on about everything), then it’s okey-dokey to do the same today!

This moral self-worship of All Things Second World War makes me ill. So those captured Japanese and Germans weren’t given the right to be formally accused? Well, why not? They certainly could have been! The Feds could have sent a judge down there and formally charged them with the rape of Nanking or the bombing of London or invading Poland. Maybe all the judges were too busy purging socialists and communists from the U.S. military for the crime of being “premature anti-fascists”…..

And hey don’t stop there Scalia, if your logic is simply that “if we did it in the past then we can do it now”, then U.S. history is rife with even better examples to emulate: there were those millions of slaves brought over from Africa, remember? Let’s try that again, only this time use Chinese folks. That would provide us with scads of cheap labor, we wouldn’t need Mexicans anymore, and it would simultaneously undermine the Chinese economy!

Or looking back to WWII, we could commence a fire-bombing campaign of civilian targets in Iran, murdering hundreds of thousands of non-combatants, as the Allies did repeatedly in Europe and Japan in the 1940’s in order to terrorize (yes, I said terrorize) the population into submission. As long as it happened in World War Two it must be okay, right?


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