http://www.concurringopinions.com/archives/2006/06/green_on_hamdan.html The Law, the Universe, and Everything Tue, 14 Feb 2012 11:44:40 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.concurringopinions.com/archives/2006/06/green_on_hamdan.html/comment-page-1#comment-58089 Dan Filler Fri, 30 Jun 2006 23:12:15 +0000 http://www.solove.org/archives/2006/06/green-on-hamdan-part-i-whos-afraid-of-the-war-on-terror.html#comment-58089 Your suggestion that Kennedy wanted cards on the table sounds similar to Judge Luttig's concern (at least as articulated in the WSJ) that the Bush administration is willing to con the courts as necessary, as long as it thinks that nobody will notice. I wonder whether this decision would have garnered an additional vote if Luttig, rather than Alito, had gotten the nod. Your suggestion that Kennedy wanted cards on the table sounds similar to Judge Luttig’s concern (at least as articulated in the WSJ) that the Bush administration is willing to con the courts as necessary, as long as it thinks that nobody will notice. I wonder whether this decision would have garnered an additional vote if Luttig, rather than Alito, had gotten the nod.

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