Old Hickory
The right wing freakout over the recent Supreme Court decision to permit habeas petitions for Gitmo detainees reached a skull-splitting crescendo today. Mike “gamecock” DeVine, so-called “Legal Editor” for the site Minority Report, posted the most laughably insane and transparently stupid argument ever crafted with a keyboard.
In a blog post titled “Ignore the Court,” cross-posted over at Redstate, the “GameCock” argued the following:
Today’s infamous 5-4 decision by the U.S. Supreme Court granting terrorists the right to an O.J. trial in U.S. civilian courts cries out for the present Chief Executive to so paraphrase Old Hickory’s similar defiance of John Marshall 176 years ago with respect to removal of the Cherokee from Georgia.
“John Marshall has made his decision; now let him enforce it.”
The nation survived President Andrew Jackson’s defense of his constitutional executive powers against the first Judicial Oligarch. Should President Bush succumb to Justice Kennedy’s attempted coup to assume the role of Commander in Chief, it will be much harder for our nation to survive, much less thrive, as it has since 1832.
Beyond the fascistic, mindlessly authoritarian vision DeVine articulates for our country, I can only hope that he failed history class. Otherwise, he’s seriously advocating the Indian Removal Act and the Trail of Tears as positive models for presidential behavior. That story is one of the darkest stains on the fabric of American history.
I suppose it’s only fitting that someone use it to justify unlimited, unchecked, and arbitrary executive detention — probably the most un-American and un-democratic thing that I can imagine.

June 17th, 2008 at 4:50 am
This is just terrible.