Tuesday, April 05, 2011


From Dahlia Lithwick:
Say what you want about how Congress forced Obama's hand today by making it all but impossible to try the 9/11 conspirators in regular Article II courts. The only lesson learned is that Obama's hand can be forced. That there is no principle he can't be bullied into abandoning. In the future, when seeking to pass laws that treat different people differently for purely political reasons, Congress need only fear-monger and fabricate to get the president to cave. Nobody claims that this was a legal decision. It was a political triumph or loss, depending on your viewpoint. The rule of law is an afterthought, either way.


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