It seems somehow unethical, but I’m not sure if it really is. With the Obama administration struggling with how to disposition some of the hardest cases at Guantanamo (and the Republicans being as unhelpful as possible), wouldn’t be a good idea to bring the entire Supreme Court into the Oval Office and figure out what they can unanimously agree to in terms of solving this problem? Despite the rightward tilt of the court, they have been good at defending the Constitution on these detainee issues, so far. They repeatedly rejected the Bush/Cheney plans for Military Commissions and indefinite detentions. Why mess around guessing at what will pass muster? Just ask the Court directly what can and cannot be done. Argue the case in the White House. Wouldn’t that provide much-needed clarity? Would that violate basic ethics? What do you think?
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