Olson on the Detainee Cases

Interesting, and I think essentially correct thoughts on the detainee cases from departing-SG Ted Olson:

"The justices of this Court, I submit, are keenly sensitive that the Court's human rights precedents have not, in retrospect, been perceived as the Court's finest hours," Olson said.

Olson noted the 1942 ruling that upheld the military trials of eight German saboteurs, including six who were executed, and the 1944 decision affirming the detention of Japanese-Americans during World War II.

"The underlying current in the enemy combatant cases is that this Court is determined not to go down in history as the court that turned its back when asked to help," Olson said.

I also have trouble believing that the constant news about the torture scandal at Abu Ghraib had no effect on the justices, particularly those in the squishy middle most prone to influence by factors outside the record.