SCALIA BOUMEDIENE OPINION BASED ON FALSE INFORMATIONThis can happen to anyone; however, associate justices of the U.S. Supreme Court need to have their opinions fact-checked before dissenting. Even then, they should qualify their opinions.

Antonin Scalia is extremely arrogant for someone who gets so much wrong.

In his recent opinion about private ownership of hand guns (District of Columbia v. Heller), he said the people have the constitutional guarantee but that it's not absolute. If the U.S. Constitution guarantees an individual private person the right to carry arms, then it's absolute because the Constitution makes no mention of any exceptions. He's so inconsistent. It's an either/or and all the time.

Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Where does it say "except"?

Scalia Cites False Information in Habeas Corpus Dissent
Wednesday 25 June 2008
by: Marjorie Cohn, t r u t h o u t | Perspective

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 [Department of Defense] 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."

...the Department of Defense has no system for tracking the whereabouts of released detainees. The only one who has undisputedly taken up arms against the United States or its allies, "ISN 220," was released by political officers of the DoD against the recommendations of military officers.

Scalia bolstered his hysterical claim that the Boumediene decision "will almost certainly cause more Americans to be killed" with stale information that was proven to be false one year ago.
Marjorie Cohn is president of the National Lawyers Guild and a professor at Thomas Jefferson School of Law. She is the author of "Cowboy Republic: Six Ways the Bush Gang Has Defied the Law." Her articles are archived at

  • Subscribe
  • Tom Usher

    About Tom Usher

    Employment: 2008 - present, website developer and writer. 2015 - present, insurance broker. Education: Arizona State University, Bachelor of Science in Political Science. City University of Seattle, graduate studies in Public Administration. Volunteerism: 2007 - present, president of the Real Liberal Christian Church and Christian Commons Project.
    This entry was posted in Uncategorized. Bookmark the permalink.