Saturday, July 15, 2006

Two More Hamdan Myths

Marty Lederman

I've written previously of various myths cropping up about the Hamdan decision, particularly as it relates to questions about treatment of detainees.

For those who are interested, I've written another post addressing two more myths that are becoming increasingly prominent:

1. That the Court in Hamdan allowed international law to trump domestic law.


2. That the dissenting Justices in Hamdan agreed with the notion, so prominent in the Bush Administration Executive power debates, that Congress cannot limit the manner in which the Commander-in-Chief deals with the enemy.

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