[eDebate] Hamdan, Quirin and the Topic Vote
spmancuso at aol.com
Fri Jun 30 09:37:09 CDT 2006
First, congratulations to Neal Katyal, former Dartmouth debater, who
was lead counsel for the winning side in yesterday's Hamdan decision.
Tom Goldstein, former debater at UNC, was also one of Hamdan's lawyers.
Both Tom and Neal debated successfully on our last legal topic -
overruling in the area of the right to privacy.
Second, our list's snap analysis notwithstanding, there is an active
debate over the extent that Hamdan limits Quirin. The conclusion of
Justice Scalia's dissent is plainly just that, a dissent. While
Hamdan's victory may turn out to be a broad and influential legal
precedent and a meaningful constraint on the power of the President, it
left many issues undecided. To get a small taste of the debate over
Hamdan in relation to other decisions, visit Tom Goldstein's blog on
the Supreme Court: scotusblog.com
Finally, regarding the Topic Vote, there are TWO options on the ballot
with lists of landmark Supreme Court cases that do not include ex parte
Quirin. One lists 6 cases, the other lists 4. So if Hamdan spooks you
in supporting a resolution where it is included you still have your
options in terms of landmark list topics.
The 6-case topic includes landmark cases in these areas: abortion
rights (Casey), affirmative action (Gratz), death penalty (Gregg),
desegregation (Milliken), domestic violence (Morrison), freedom of
The 4-case topic includes: Casey, Gratz, Milliken and Morrison
I recommend the broader of the two, as adding the death penalty and
freedom of religion to our debates would add unique, timely,
interesting and important constititutional issues.
Check out AOL.com today. Breaking news, video search, pictures, email
and IM. All on demand. Always Free.
More information about the Mailman