Scalia was alpha af
His dissent in
Boumediene, a case deciding whether GITMO detainees were entitled to habeas corpus, was just pure brutality. Kennedy employed some suspect logic leaps in his reasoning to support his decision that said entitlement exists. Scalia wrote the dissent (which is know generally held to be the correct opinion):
"The writ of habeas corpus does not, and never has, run in favor of aliens abroad; the Suspension Clause thus has no application. * * *
Eisentrager * * * held beyond any doubt that the Constitution does not ensure habeas for aliens held by the United States in areas over which our Government is not sovereign.
What drives today's decision is neither the meaning of the Suspension Clause, nor the principles of our precedents, but rather an inflated notion of judicial supremacy. * * * Our power "to say what the law is" is circumscribed by the limits of our statutorily and constitutionally conferred jurisdiction. * * * Today the Court breaks a chain of precedent as old as the common law that prohibits judicial inquiry into detentions of aliens abroad absent statutory authorization. And, most tragically, it sets our military commanders the impossible task of proving to a civilian court, under whatever standards this Court devises in the future, that evidence supports the confinement of each and every prisoner.
The Nation will live to regret what the Court has done today. I dissent."