Back in April, the New York Times reminds us, the Supreme Court declined to hear a case in which they could have clearly outlawed torture. Big mistake. The Court has left torture "on the table." Worse, so has the Obama administration in spite of fine words to the contrary. The Times' editors take on the Supreme Court (lotsa luck, fellas!) and the wavering Obama administration.
President Obama, much to his credit, has forsworn the use of torture, but politics and policy makers change and democracy cannot rely merely on the good will of one president and his aides. Such good will did not exist in the last administration. And the inhumane and illegal treatment of detainees could make a return in a future administration unless the Supreme Court sends a firm message that ordering torture is a grievous violation of fundamental rights.
Anyone who doubts the degree of executive branch pliability in this realm needs to consider this: The party that urged the Supreme Court not to grant the victims’ appeal because the illegality of torture was not “clearly established” was the Obama Justice Department.
