Last week, after the Supreme Court ruled that habeas corpus protections apply to detainees held at Guantanamo Bay, Sen. John McCain (R-AZ) denounced it as “one of the worst decisions in the history of this country.” At a townhall in New Jersey, McCain railed against the “unaccountable judges” who made the decision.
On Sunday, Weekly Standard editor Bill Kristol suggested that McCain and Sen. Lindsey Graham (R-SC) would soon introduce legislation to undermine the decision by creating national security courts. But Graham has also floated another option for blunting the decision:
The Court’s decision is bad on many levels and I will continue to review the decision and determine its sweeping effect on our military. I will also explore the possibility, if necessary, of a constitutional amendment to blunt the effect of this decision when it comes to protecting our men and women in the military and our nation as a whole.
According to the Boston Globe, Graham raised the constitutional amendment at a news conference with McCain last Friday and McCain “did not rule out that option”:
Graham, a close adviser to McCain on military and justice issues, said Thursday the Constitution might need to be amended to override the Supreme Court ruling. McCain did not rule out that option yesterday but said there are other avenues available, including drafting a new law to limit detainees’ access to federal courts.
Considering that McCain’s camp has made a concerted effort in the past three days to make the Supreme Court’s decision a central issue in the 2008 campaign, McCain should definitively answer the question: Would he support a Constitutional amendment to override the Supreme Court’s ruling in Boumediene v. Bush?