Detainees Have Rights, 5-4
Just wanted to share an interesting detail about today’s decision. In his excellent book, The Nine: Inside the Secret World of the Supreme Court, Jeffrey Toobin relates the story of David Souter’s near-departure from the High Court after the Bush v. Gore decision in 2000. According to Toobin, Souter was so devastated by the decision that he was going to resign. Fortunately for the Constitution and for all Americans, friends persuaded him to stay on.
Of such close calls are Supreme Court decisions made.
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This goes back to the old dilemma, can you do more good inside a compromised or corrupt institution, or outside of it? In this case, I’d certainly say, “inside it.”