David Cole, legal affairs correspondent for The Nation and a professor at Georgetown University Law Center, is the author, most recently, of Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law (March 2016).
The Bush Administration's illegitimate use of renditions,
disappearances, torture and an illegal war has fostered the growth of a
loose-knit global band of fanatics willing to do unspeakable violence
By casting the decisive vote in Hamdan v. Rumsfeld and other
contentious disputes, Justice Anthony Kennedy plays a crucial role in a
Supreme Court that may soon veer off in an extreme rightward direction.
The Bush Administration believes it can ignore the rule of law--in pursuit of torture, Pentagon surveillance of antiwar groups and now, domestic spying. We must continue to insist that in a democracy, the rule of law cannot be ignored.