So SCOTUS, in its infinite wisdom, has decided that enemies of the United States deserve trial-by-jury, habeas corpus, and complete access to American’s civilian judicial processes.
We don’t even allow this to our own military men and women.
Last time I checked the Judiciary and the Executive and the Congress were equal branches of government. Nothing in the Constitution provides for one branch to reign supreme over the others – unless it is allowed to. Nothing in the Constitution requires the Executive to abide by this SCOTUS decision. Certainly it is more than unseemly to just whine about it.
The Editors of the WSJ quote the Constitution. Here’s another part of the Constitution: Article 3, Section 2: “In all the other cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.” (Emphasis added.)
If Congress doesn’t want the Judiciary overriding its laws, pass legislation removing the issue from the Jurisdiction of the Federal Court. If the Executive doesn’t like an over-reaching Judiciary, ignore it as an equal, but not superior, branch of government whose ideas differ, requiring the Congress to sort it out and legislate appropriately.
Even with Marbury, however, nothing requires the subservience of Congress and the Executive to SCOTUS.
The reason – the only reason – we have an overweening Judiciary is that the other branches have allowed them to become so.
This is a fixable problem. Maybe those concerned about it ought to be fixing it rather than whining about it.