Tuesday, March 01, 2005
A Judge Gets It Exactly Right
Jeffrey Smith reports in today's Washington Post that District Court Judge Henry F. Floyd ruled that Jose Padilla must be charged with a crime within 45 days or released from prison. Mr. Smith comments that:
But that is not all Judge Floyd had to say. In words spoken as if I had planted them the judge added in his 23-page opinion:
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Using a phrase often levied by conservatives to denigrate liberal judges, Floyd
-- who was appointed by President Bush to the federal bench in 2003 -- accused
the administration of engaging in "judicial activism" when it asserted in court
pleadings that Bush has blanket authority under the Constitution to detain
Americans on U.S. soil who are suspected of taking or planning actions against
the country.
But that is not all Judge Floyd had to say. In words spoken as if I had planted them the judge added in his 23-page opinion:
...to do otherwise would not only offend the rule of law and violate this
country's constitutional tradition, but it would also be a betrayal of this
Nation's commitment to the separation of powers that safeguards our democratic
values and our individual liberties.
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