Update on Our Brave New Slavery: Yes, It Applies to American Citizens, Too
Chris Floyd
José Padilla, handcuffed and shackled during military detention.
I wrote a piece here a few days ago on a recent ruling by the Supreme Court, in which the justices agreed with the passionate plea of the Obama Administration to uphold -- and establish as legal precedent -- some of the most egregious of the Bush Administration's authoritarian perversions. This was the gist of the ruling:
The Supreme Court acquiesced to the president's fervent request and, in a one-line ruling, let stand a lower court decision that declared torture an ordinary, expected consequence of military detention, while introducing a shocking new precedent for all future courts to follow: anyone who is arbitrarily declared a "suspected enemy combatant" by the president or his designated minions is no longer a "person." They will simply cease to exist as a legal entity. They will have no inherent rights, no human rights, no legal standing whatsoever -- save whatever modicum of process the government arbitrarily deigns to grant them from time to time, with its ever-shifting tribunals and show trials.
One of the attorneys involved in the case rightly likened the ruling to the infamous 1857 Dred Scott decision, in which the Court declared that any person of African descent brought to the United States as a slave -- or their descendants, even if they had been freed -- could never be citizens of the United States and were not protected by the Constitution. They were non-persons under the law; sub-humans.