John Gripentrog: Was the Civil War fought over states’ rights? Yes, but states’ rights for what? Over property rights? Sure, but property rights regarding what? The answer to each of those questions is clear: The core issue was slavery.
Thus, the main benefit of Obama’s move is partially restoring a constitutional justice system after years of Bush administration abuse. Yet at least five other Guantanamo prisoners, and likely many more, will be denied a civilian trial.
David Love: If the process by which the death penalty is applied amounts to cruel and unusual punishment, and the death penalty machine cannot provide equity, fairness or a modicum of due process, then the death penalty is no more legitimate than its extrajudicial cousin – lynching.