Habeas and Handguns: The Supreme Court and the Election

According to a new Washington Post poll, 61% of Americans disagree with the Supreme Court's recent Boumediene decision, in which the Justices extended habeas corpus rights to the detainees at Guantanamo Bay. In the short run, the decision seems to have helped McCain, as Obama's embrace of the Court's meddling made him look soft on national security.

Even more than Boumediene, however, the Court's upcoming decision in Heller, the DC guns case, will have a tremendous impact on the 2008 race. If, as I believe is likely, the Supreme Court affirms that the Second Amendment does, in fact, protect the rights of citizens to own weapons, Obama will be forced to take a concrete stand on this delicate issue. Given that Obama has, as an Illinois legislator, supported banning all handguns, this should be fun to watch.

I predict that Obama will waffle again. More syrup, please.

The Politics of Habeas Corpus

Like many on the right, I am troubled by the practical implications of the Supreme Court's recent decision to extend the protections of habeas corpus to enemy combatants held at Guantanamo Bay.

On a political level, I agree with Jen Rubin at Contentions that this decision could provide a tactical opportunity for John McCain. In its recent ruling, the Supreme Court emphasized that Congress could still maintain the present system of military tribunals by voting to suspend the writ of habeas corpus. By proposing such a suspension, McCain would challenge Obama to a debate on national security that the Arizona senator is sure to win. Here's hoping, then, that at least some good will come out of the Boumediene decision.