Here’s an excerpt:
Never had it been the case, prior to the Lawyer Left’s activism in this war, that the rule of law was thought to require giving enemy detainees access to our courts. In fact, the post–World War II Supreme Court rejected the idea as absurd. None other than Justice Robert Jackson, a progressive named to the Supreme Court by FDR after serving as his attorney general, explained that to permit such a thing “would diminish the prestige of our commanders, not only with enemies but with wavering neutrals. It would be difficult to devise more effective fettering of a field commander than to allow the very enemies he is ordered to reduce to submission to call him to account in his own civil courts and divert his efforts and attention from the military offensive abroad to the legal defensive at home.”
Exhorted by the Lawyer Left, five willful justices on the Supreme Court abandoned this sensible jurisprudence, laying out the courthouse welcome mat for alien terrorists who target Americans for mass murder. Pace Friedersdorf, this was not reflective of the rule of law or any sort of Western norm. It was a radical departure. Those who imposed it were actually working against every citizen who values the wartime rule of law.