Federal Courts Challenge Presidential Powers

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President Bush wants suspects in the War on Terror to be handled outside the criminal justice system, but yesterday, two federal appellate courts ruled that is illegal to hold detainees indefinitely without access to attorneys or the evidence against them. One case involves a US citizen who-s been labeled an -enemy combatant;- the other concerns several hundred foreign prisoners held at Guantanamo Bay on the island of Cuba. The Supreme Court will likely be asked to decide the issue. Does homeland security require the suspension of Constitutional rights? What does citizenship have to do with it? Is Congress likely to get into the act? We examine George Bush's battle with federal judges over the powers of the presidency with a reporter who covers the Supreme Court and two constitutional law experts. Making News: Sharon Warns of Unilateral Mid-East Plan Ariel Sharon says if the Palestinians won-t disarm militant groups responsible for suicide bombings, Israel will act unilaterally to draw a boundary that will give the Palestinians much less than they want. The Israeli Prime Minister said only a few Jewish settlements on Palestinian land would be dismantled. Former Ambassador Martin Indyk calls the decision a huge blow to settlers and a serious step toward reconciliation with the Palestinians. Reporter's Notebook: The Morning-after Pill The morning-after pill works by preventing ovulation so that conception never happens. Some scientists think it can also prevent a fertilized egg from implanting and, for some, that raises the issue of abortion. Recently, two FDA committees jointly voted 23-to-4 that the pill should be sold over the counter in American pharmacies. The final decision rests with FDA Commissioner Mark McClellan. What should he do? We hear conflicting opinions from Wendy Wright of Concerned Women for America and Kim Gandy of the National Organization for Women. This edition of To the Point will not be broadcast on KCRW so that we may present special holiday programming.
President Bush wants suspects in the War on Terror to be handled outside the criminal justice system, but yesterday, two federal appellate courts ruled that is illegal to hold detainees indefinitely without access to attorneys or the evidence against them. One case involves a US citizen who-s been labeled an -enemy combatant;- the other concerns several hundred foreign prisoners held at Guantanamo Bay on the island of Cuba. The Supreme Court will likely be asked to decide the issue. Does homeland security require the suspension of Constitutional rights? What does citizenship have to do with it? Is Congress likely to get into the act? We examine George Bush's battle with federal judges over the powers of the presidency with a reporter who covers the Supreme Court and two constitutional law experts.
  • Making News: Sharon Warns of Unilateral Mid-East Plan
    Ariel Sharon says if the Palestinians won-t disarm militant groups responsible for suicide bombings, Israel will act unilaterally to draw a boundary that will give the Palestinians much less than they want. The Israeli Prime Minister said only a few Jewish settlements on Palestinian land would be dismantled. Former Ambassador Martin Indyk calls the decision a huge blow to settlers and a serious step toward reconciliation with the Palestinians.
  • Reporter's Notebook: The Morning-after Pill
    The morning-after pill works by preventing ovulation so that conception never happens. Some scientists think it can also prevent a fertilized egg from implanting and, for some, that raises the issue of abortion. Recently, two FDA committees jointly voted 23-to-4 that the pill should be sold over the counter in American pharmacies. The final decision rests with FDA Commissioner Mark McClellan. What should he do? We hear conflicting opinions from Wendy Wright of Concerned Women for America and Kim Gandy of the National Organization for Women.
This edition of To the Point will not be broadcast on KCRW so that we may present special holiday programming.

Sharon's disengagement plan (Haaretz)

2nd Circuit on Padilla v Rumsfeld (re US citizen "enemy combatant")

9th Circuit Court's decision on Gherebi v Bush (re foreign detainees in Guantanamo)

Savage's article on Appeals Courts' decisions

Plan B morning-after pill (Levonorgestrel)

FDA advisory committee on Plan B, the morning-after pill

Gandy on the morning-after pill

Wright on the morning-after pill

Credits

Host:

Warren Olney