To bolster his argument that the Guantanamo detainees should be denied the right to prove their innocence in federal courts, Justice Antonin Scalia wrote in his dissent in Boumediene v. Bush: "At least 30 of those prisoners hitherto released from Guantanamo have returned to the battlefield." It turns out that statement is false.

According to a new report by Seton Hall Law Center for Policy and Research, "The statistic was endorsed by a Senate Minority Report issued June 26, 2007, which cites a media outlet, CNN. CNN, in turn, named the DoD as its source. The '30' number, however, was corrected in a DoD press release issued in July 2007, and a DoD document submitted to the House Foreign Relations Committee on May 20, 2008 abandons the claim entirely."

--Scalia Cites False Information in Habeas Corpus Dissent

Conservative Justice Antonin Scalia, however, is outraged. In his dissenting opinion, he devoted an entire section to "a description of the disastrous consequences of what the Court has done today," a procedure "contrary to my usual practice," he admitted. Scalia adopted extreme rhetoric about the impacts of the decision, calling it a "self-invited...incursion into military affairs" that would "almost certainly" kill Americans. Some lowlights:

– "America is at war with radical Islamists. ... Our Armed Forces are now in the field against the enemy, in Afghanistan and Iraq."

– "The game of bait-and-switch that today's opinion plays upon the Nation's Commander in Chief will make the war harder on us. It will almost certainly cause more Americans to be killed."

– "Today the Court warps our Constitution."

– "The Nation will live to regret what the Court has done today."

It is unlikely that the Supreme Court's decision will have the impacts that Scalia claims. As Kennedy explained, "Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law." Discussing the restoration of habeas at Guantanamo last year, Colin Powell noted:

The concern was, well, then they'll have access to lawyers, then they'll have access to writs of habeas corpus. So what? Let them. Isn't that what our system's all about? And by the way, America, unfortunately, has too many people in jail, all of whom had lawyers and access to writs of habeas corpus. And so we can handle bad people in our system.

--Scalia: Court's Decision Restoring Habeas 'Will Almost Certainly Cause More Americans To Be Killed'»

According to news reports, Scalia, speaking to the ultra-conservative Intercollegiate Studies Institute, read from the Lawrence opinion in mocking tones. Ironic, inasmuch as the 50-year-old institute has says its mission is to "enhance the rising generation's knowledge of our nation's founding principles - limited government, individual liberty, personal responsibility, free enterprise and Judeo-Christian moral standards." The organization, like its famed speaker, draws the line at your individual liberty. They get theirs, you don't get yours if it is contrary to theirs. And there is only one Judeo-Christian moral standard--their own.

Scalia is not alone in his condemnation of his colleagues on the high court. Clarence Thomas has repeatedly talked about the cold and lonely place that is the Court. He shows his contempt for oral arguments by generally refusing to participate.

Why is it that the right, especially the religious right, represented by the likes of Scalia on the court, are so totally unaccepting of another's point of view? Do they truly believe that they have all of the answers to all legal, legislative, and social issues? This week I gave a legal seminar to attorneys in a part of Virginia where Rev. Pat Robertson seems to have a lock on "truth." A couple of religious zealots in the seminar derided other attorneys who tried to talk about life and death issues such abortion, end-of-life treatment, stem cell research, and health care for all Americans. We were supposed to be talking about legal conundrums and challenges.

--ELAINE CASSEL, Antonin Scalia's Contempus Mundi

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