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Old 10-01-2007, 09:54 PM
iron81 iron81 is offline
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Default Re: New Supreme Court Term

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What is the relevant precident and constitutional basis in those cases.

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Kind of hard to say what the precedent is because none of these cases have settled law. That's why the Supreme Court takes the cases in the first place. Below is what I can recall:

- SCOTUS has previously ruled that the Gitmo detainees have the right to habeas corpus. The Congressional law tries to get around that somehow. I vaguely recall that the SC left the door open earlier for Congress to pass a law on this subject.

- The drug cases are not based on the Constitution, but on interpretations of statute. I'm pretty sure most of the existing precedent says that judges may not deviate from the guidelines.

- People may be arrested for crimes that normally result in a fine.

- The current 3 drug cocktail for lethal injections is constitutional. You can imagine how often this argument is made. I imagine the SC took this case to slap down some rogue appellate court

- A wild guess that the death penalty for rape violates the 8th Amendment.

- Congress and state legislatures have virtually unfettered ability to regulate guns regardless of the 2nd Amendment.
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