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John Roberts on Homeland Security

Supreme Court Justice (nominated by Pres. George W. Bush 2005)


Support executive-branch power in foreign & military affairs

After graduating summa cum laude from Harvard and Harvard Law School, Roberts first position was as clerk for Second Circuit Appeals Court Judge Henry Friendly in New York. Next, Roberts worked for Chief Justice William H. Rehnquist, who at the time was an associate justice. Legal analysts believe this is where Roberts honed his conservative approach to law, including his skepticism of federal power over the states and his support of executive-branch power in foreign and military affairs.
Source: About.com, "US Conservatives" , Nov 1, 2011

Habeas rights at Guantanamo is judicial overreach

The 5-to-4 ruling that the detainees at Guantanamo Bay have a constitutional right to go to federal court to challenge their continued detention was the court's third consecutive rebuff to the Bush administration in a Guantanamo-related case. Justice Kennedy, who had voted with the majority in the two earlier rounds, wrote the opinion in the case, Boumediene v. Bush. The guarantee of habeas corpus [the right to a hearing] applies at the Navy base in Cuba, the court said, and the truncated alternative procedure that Congress set up was not an adequate substitute.

Chief Justice Roberts and Justice Scalia dissented, joined by Justices Thomas and Alito. The chief justice accused the majority of judicial "overreaching." Justice Scalia warned that giving the detainees access to judicial review "will almost certainly cause more Americans to be killed."

Source: New York Times, "SCOTUS" , Jun 29, 2008

Military tribunals for terrorists are ok

Roberts was part of a unanimous decision last week that allowed the Pentagon to proceed with plans to use military tribunals to try terrorism suspects held at Guantanamo Bay.
Source: The Associated Press , Jul 19, 2005

Bar veterans from suing the new Iraqi government

In a decision in June 2004, Roberts went even further than his colleagues in supporting the Bush administration in a case that pitted the government against veterans of the first Gulf War. American soldiers captured and tortured by the Iraqi government during the first Gulf War sued the Iraqi government in U.S. court and won nearly $1 billion in damages at the district court level. Roberts, alone among the circuit judges who ruled with the government, said the federal courts did not even have jurisdiction to consider the victims’ claim. An appeal is before the Supreme Court. But once Saddam was toppled in 2003, the Bush administration wanted to protect the new Iraqi government from liability and intervened to block the award.
Source: Tony Mauro, Legal Times , Feb 22, 2005

Other Justices on Homeland Security: John Roberts on other issues:
Samuel Alito
Stephen Breyer
Ruth Bader Ginsburg
Elena Kagan
Anthony Kennedy
John Roberts
Antonin Scalia
Sonia Sotomayor
Clarence Thomas

Former Justices:
David Souter
Sandra Day O'Connor
William Rehnquist
John Paul Stevens

Party Platforms:
Democratic Platform
Green Platform
Libertarian Platform
Natural Law Platform
Reform Platform
Republican Platform
Tea Platform
Abortion
Budget/Economy
Civil Rights
Corporations
Crime
Drugs
Education
Energy/Oil
Environment
Families/Children
Foreign Policy
Free Trade
Govt. Reform
Gun Control
Health Care
Homeland Security
Immigration
Infrastructure/Technology
Jobs
Principles/Values
Social Security
Tax Reform
War/Iraq/Mideast
Welfare/Poverty

Page last updated: Mar 08, 2014