Janet M. LaRue

Here’s my advice to our troops in harm’s way based on the U.S. Supreme Court’s reprehensible ruling June 12, which forces the military to treat enemy fighters captured in combat as if they were caught insider trading on Wall Street.

In Boumedine v. Bush and Al Odah v. United States, a 5-4 Court majority declared that illegal enemy jihadists you captured outside America, now being held at Guantanamo Bay, Cuba, have a constitutional right to challenge their confinement in civilian courts inside America.

The decision is based on a legal principle called habeas corpus, which means “you have the body.” Here’s my battlefield version: “Don’t doubt—take them out!” Give ’em a box instead of a brief.”

Thanks to five “unelected politically unaccountable judges,” as Chief Justice Roberts put it, you can no longer afford to spare their lives unless you want to:

  • Mirandize maniacs in Arabic, Farsi, Farsi Dari, Pashto, Dumari, Gurani, etc., etc., etc.
  • Gather evidence while ducking snipers and dodging roadside bombs and suicide bombers
  • Write detailed crime reports when you could be writing letters to your loved ones
  • Leave your brothers behind on the battlefield so you can appear in countless court hearings
  • Be deposed by ACLU types who don’t know war from Warhol
  • Endure cross-examination by hostile lawyers who don’t know an M-16 from an MP3
  • Be slandered by nitwit media ingrates willing to diss Iwo Jima vets in the name of environmentalism
  • Get second-guessed by overreaching judicial rogues who will demand God only knows what from you
  • Risk injury and death from the same guys you already captured after they get set free by judges back home
  • Come home to piles of rubble

Maybe you could tie a yellow ribbon ‘round a different box, and Fed-ex your captured enemies to the five judges who’ve made your job a whole lot tougher, longer and more dangerous: Anthony Kennedy, John Paul Stevens, Stephen Breyer, David Souter and Ruth Bader Ginsburg.

They don’t like us caging these animals in Gitmo, which is a whole lot homier than the hell holes they came from. So tuck in a note urging the five to take them home for care and feeding. These judges probably don’t have any guns in the house, but do remind them to dispose of knives, avoid sleeping, and hire a food taster.

Let me put in non-legalese what the Court majority did: They made it up.

Janet M. LaRue

Jan LaRue is Senior Legal Analyst with the American Civil Rights Union; former Chief Counsel at Concerned for Women; Legal Studies Director at Family Research Council; and Senior Counsel for the National Law Center for Children and Families. Be the first to read Janet LaRue's column. Sign up today and receive Townhall.com delivered each morning to your inbox.