Remember habeus corpus? Well, your kids won’t. That’s because the detainee bill passed in the Senate 65-34. And as David Greenberg notes over at The New Republic’s academic blog Open University, Senator Arlen Spector railed against this bill yesterday–and in numerous interviews–only to vote for it today. I don’t think I need to tell you how Santorum voted. Thanks Pennsylvania.
Yale Law professor Jack Balkin and Georgetown Law professor Marty Lederman (including notable others) having been vocal critics of the legistlation, blogging and breaking down the legal folly of it all for some time over at Balkinization. Read their posts for an in depth analysis of how the Republic fell into the Consitutional well.
For a good summary of the substantive provisions of the bill, read this Washinton Post article, which also contains a very pithy summary by Georgetown University law Professor Neal Katyal:
“If you’re an American citizen, you get the Cadillac system of justice. If you’re a foreigner or a green-card holder, you get this beat-up-Chevy version.”