The POTUS Should Respond to the SCOTUS By Making Congress Decide
By The Directors Posted in Law — Comments (39) / Email this page » / Leave a comment »
Dear Mr. President,
Despite Congress taking the rare step of ceding jurisdiction away from the Supreme Court pursuant to Article III of the Constitution, the Supreme Court has chosen to ignore both the Legislative and Executive Branches by hearing cases involving Gitmo prisoners. To be clear, Congress had the power to deny the Supreme Court jurisdiction in this matter. Congress did do that. You signed the law denying the Court's jurisdiction. The Supreme Court ignored you both.
While we are tempted to advise that you ignore the Supreme Court, thereby showing it the deference it has shown the Congress and White House, we do not think you need to take Andrew Jackson's stance.
Mr. President, the Supreme Court has put all three branches of the federal government in an awkward position. By choosing to ignore a clear and constitutional prohibition on its own power, it now forces the hand of the other branches of government. Just as problematically, the Court has thrown out what Chief Justice Roberts called "the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants" and failed to specify what procedures should be used in their place.
Respectfully, Mr. President, we suggest you go immediately to Congress, point out that Congress had stripped the Supreme Court of its jurisdiction on the very issue, and ask for the Congress's advice on how to faithfully execute this matter since you would be guided by a Supreme Court decision the Court was without constitutional authority to actually render, and which struck down rules passed by Congress leaving nothing in their place.
In other words, Mr. President, let the Speaker and Senate Majority Leader decide if we should or should not coddle terrorists pursuant to the Supreme Court's decision.