The Corner

Scalia’s Hamdi Decision

One of today’s surprises is that the most pro-Hamdi (and anti-administration) opinion was authored by Justice Scalia and joined by Justice Stevens. In recent years when Justices Scalia and Thomas have disagreed, I’ve tended to agree with Justice Thomas. In this case, however, I think Scalia may be right: The government must either charge a U.S. citizen with treason or suspend habeus. There is no third way, war on terror notwithstanding.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.

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