Friday, December 16, 2005
The McCain Amendment -- The Ugly
The biggest downside of the McCain Amendment is that the Senator's victory on the substance of that amendment appears to have come at great cost on other substantive matters. In particular, the White House reportedly has been able to secure at least three statutory provisions of its own -- provisions that are being tied to McCain, as a singular "packaged" deal. The specific wording of the three provisions is not yet public, as far as I know. Therefore it is difficult to assess their full impact. But here's an initial summary, roughly in order of least to most troubling:
The Congressional Research Service put out a report that in part discussed the fact that a habeas stripping measure might still leave open other avenues of relief, including the All Writs Act and Bivens judgments, but noted that law ultimately was unclear.Post a Comment
I wonder if the Professor pondered this issue.