We have made little progress in stopping Bush from circumventing Congress, boundaries set by the constitution or by the courts. He still continues on all fronts. I really was disappointed that Arlen Specter did so little to represent the American people on this. Here's a Texas case where they ruled that executive privilege did not grant Bush the authority to intervene in this case.
It's become a sort of truism that nothing earthly can halt the Bush administration's drive to reinstate the Imperial Presidency. We like to moan that as this president continues to expand the reach of his asserted authority to invade/eavesdrop/classify/torture/detain, nothing breaks his stride. Not tanking poll numbers, not losing Congress to the Democrats, not even pushback from the Supreme Court. Over seven long years, no institution of government has really been able to tell the president, "No."
Until Texas.
Medellin v. Texas could be a law-school exam unto itself. It touches on the separation of powers and the supremacy clause, international treaties and state criminal codes, federalism and the reach of the president's diplomatic authority, all wrapped up in fundamental questions about the scope of judicial review. But really, the best part of Medellin is that if you are a casual spectator attempting to pick out the "good guys," here's your choice: the state of Texas and its relentless quest to execute its people without regard to moral, international, or legal norms, versus the Bush administration and its claim to broad new executive authority to boss around state judges. It's like having to choose between being clawed to ribbons by a grizzly bear or gnawed to death by a killer whale.
http://www.slate.com/id/2175648
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