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Supreme Court Review: Terror-War Defines Term


— July 1, 2004

In a historic application of judicial power, the US Supreme Court has elbowed its way into the war on terrorism.

It is that assertion of its authority as constitutional enforcer that perhaps best highlights the high court’s work in its 2003-04 term, which ended this week with a flurry of important decisions involving terrorism, executive authority, and international law.

To liberals, the court’s terror rulings are a shining example of judicial courage to stand firm for the rule of law in the face of presidential overreaching. To conservatives, they mark the clumsy efforts of an imperial judiciary interfering in war powers reserved for the president and Congress in times of national peril.

Regardless of such differing views, there is broad agreement that the high court has asserted its power in a way that will ensure the court’s involvement in the war on terror for years to come.

Details here from The Christian Science Monitor.

UPDATE: Reuters now weighs in with “Top Court Term Marked by Bush Terrorism Rebuke” via FindLaw.com.


In a historic application of judicial power, the US Supreme Court has elbowed its way into the war on terrorism.

It is that assertion of its authority as constitutional enforcer that perhaps best highlights the high court’s work in its 2003-04 term, which ended this week with a flurry of important decisions involving terrorism, executive authority, and international law.

To liberals, the court’s terror rulings are a shining example of judicial courage to stand firm for the rule of law in the face of presidential overreaching. To conservatives, they mark the clumsy efforts of an imperial judiciary interfering in war powers reserved for the president and Congress in times of national peril.

Regardless of such differing views, there is broad agreement that the high court has asserted its power in a way that will ensure the court’s involvement in the war on terror for years to come.

Details here from The Christian Science Monitor.

UPDATE: Reuters now weighs in with “Top Court Term Marked by Bush Terrorism Rebuke” via FindLaw.com.

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