2007/01/10

Gilmore v. Gonzales Decided - "Papers Please" Now For Real

John Gilmore's suit against the DoJ, alleging that the government cannot enforce a regulation that they refuse to disclose (in this case the requirement that air travelers produce ID before traveling), is finished. The Supreme Court on Monday let stand without comment a lower court ruling against Mr. Gilmore.

Setting aside whether or not requiring photo ID before traveling by air is reasonable or lawful, the Supreme Court's failure to address this issue leaves in place a dangerous loophole that a power-obsessed administration like Bu$hCo is quite likely to abuse. Consider... The crux of Gilmore's suit was not the requirement itself, but the fact that TSA and the airline: 1) Refused to produce the law or regulation, and 2) Asserted that Gilmore had no right to review any such regulation.

Now think about that. A law or regulation that a citizen has not right to review. In other words: "This is for your own good because we (the government) say it is, and you don't get to challenge our decision." Now imagine if the executive were to take this sort of nonsense to it's logical extreme. Secret laws could be enforced that you wouldn't even know about until you'd run afoul of them. Ad-hoc--spur of the moment--regulations could be created by agencies that know that the courts won't interfere. In short, by refusing to consider this case, the Supreme Court is giving the executive a tool that they can use to bludgeon law abiding citizens.

"Papers please!" may be just around the corner...for real!

16 Comments:

People have laughed at me for over 6 years for saying that Bush would find some way to suspend elections in November next year.

Still think so?
first papers -- then blood for genetics so that they can neuter/spay us humans who don't quite match up....

oh let us not for the brain chip implant....
On my recent trip to Arizona which included four different trains and two buses, I was asked for identification ONLY one time, and that was on the 3rd train. That may be because of my age, but I didn't notice anyone else being asked for ID either, so apparently Amtrak has their own policy.
How can a law be classified? Next, I will have to wear a shamrock on one sleeve to show I am part Irish and a pot leaf on the other to signify I am part Dutch
Herr Frog, it seems your papers are in order, zee sewmouse, vell zis is another matter...
I have to believe that the whole 'classified law' thing wouldn't stand another court challenge if it was the only thing being tested.

But capricious creation of ad-hoc regulations? I can see all sorts of administration hacks getting it into their heads to take out their frustrations on their political enemies--the kind of crap that will make your life miserable for a few weeks, a month, a year but with no way to challenge it.
I believe he packed the SCOTUS with lapdogs, with just such an "emergency" in mind.
He packed the courts to affirm his power as a unitary executive. Or in other works a Dictator.

Do you believe that the courts will overturn the Military Commissions Act? Think again if you do.

He can now arrest anyone he wants too and they will no longer have a right to a court hearing for redress of their rights under what once was the Constitution.

Welcome to America the Fourth Reich and your Fuehrer Bush.

May the Lord save us all from this insane demented madman and his Gestapo Minions.

God Bless all.
It starts slowly: first, a catastrophic attack on American soil. Then the demonization of the attackers. Then linking the attackers to an agenda so filled with holes it could not hold water if it were dunked in an ocean. Then demonizing anyone who questions the agenda, or (gasp) actually opposes that agenda.

The first action, the catastrophic event, puts everyone to sleep because it is too hard to actually get our collective heads around it. On 9/11/01, once the initial shock had passed through me, and I was at work and learned that a good friend had been on American flight 11, the first plane to hit the WTC, I turned to my collegues and said this has started from within our own house. This could not have happened if the Bush Administration had not permitted it to happen.

I believe to my core that they not only permitted it to happen, but that they may have been somehow involved in the planning of it. I agree with Sewmouse in the potential for them to try to suspend elections in 2008. I agree with Kvatch that ad-hoc, secret "laws" will be popping up all over the place. The legacy of this Administration lies in the Supreme Court, as much as anything else he's done (or NOT done, or should have done, or should not have done.)

And until we become so uncomfortable with our diminished freedom - when it starts affecting our income, or lifestyle - only then will we be willing to effect a real and lasting change. The American people in general are driven by our comforts: fast food, mind-numbing television, on and on 0 that we just forget to remember to pay attention and take any responsibility. The collective voices of the left wing blog sphere are, in my opinion, the clear voices of responsibility and it is HERE where change will indeed take shape.

We cannot, we must not, give up hope that we can wake people up to this disaster. We must speak out constantly, and support each other. We need to keep vigil with each other, and check in on a regular basis. Fear must not shut our voices down.
TFWY, AnonP, well he tried, but he's not quite got it done yet. I think that the court passed on this one because, had they considered it, there was a fair chance that the ruling would have been reversed. And with three of his nominees to lower courts pulling out today, the real politik seems to indicate that he won't get any more nominees through.

We'll see.
Police state 10 - American people 0

and the biggest cheerleading for Police State FC was on the teevee tonight selling cotton candy and cyanide-laced malted milk balls.
you are rocking over here- holy shit gotta get caught up....
you are rocking over here- holy shit gotta get caught up....

Not really. Just dryly observing as the SCOTUS ignores its constitutional responsibilities. [sigh]

Comandante...did the Decider tell us anything we haven't already heard?
I looked into the backround on this case and did a post. If the government takes the results of this case to their limits, which it almost certainly do, it can now do pretty much what it wants to do in the name of national security without effective oversight by courts or citizens.
But.... but...... this is all about PRESERVING FREEDOM!!!! Don't you ungrateful ingrates understand that????

Looks like we'll have to keep an eye on The Unhappy American too. He makes lousy chili anyway.
Dang! I could sure go for some lousey chili. It's got more protein than the other kind.

Thanks for the heads up, Kvatch.

This never-ending stream of creeping fascism is making my stomach freak out though. Ya know...

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