Friday, May 09, 2008

Age of Regression?

In this curious ruling Judge Brownback relies upon the Last in Time Rule, dating from Chinese Exclusion Cases, 1889, to support MCA jurisdiction to try Kadr, a child soldier from Afghanistan pressed into service by AQ. The defense, and forces of the enlightenment, argue that current treaty and international law obligations prevent such jurisdiction over juveniles (brief available at link, thanks to Scotusblog).

Perhaps we should simply go back to utilizing the cat at the main and get this over with.

Wars can always be relied upon to provide a diversion for our excesses, precious material, manpower, and judicial resources as well. Will the twenty-first century be known as the Age of Regression?

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