Senate Fails on Habeas Corpus

Today the U.S. Senate fell four votes short of restoring Habeas Corpus, the fundamental constitutional right of individuals to challenge government detention, which the Republican Congress revoked in last year's Military Commissions Act. Fifty-six senators supported a procedural move to tie the Habeas provision to legislation authorizing defense spending -- a step that requires sixty votes.

The amendment was sponsored by Judiciary Chairman Patrick Leahy, Senator Arlen Specter, who voted for the legislation that the amendment attempts to reverse, and Senator Chris Dodd, who blasted today's vote. "Each of us in the Senate faced a decision either to cast a vote in favor of helping to restore America's reputation in the world, or to help dig deeper the hole of utter disrespect for the rule of law that the Bush Administration has created. Unfortunately, too many of my colleagues chose the latter," he said.

Backers of the amendment and human rights organizers say they will continue to press for habeas restoration. Leah Adler, an organizer with Working Assets, wrote today that activists should focus on the U.S. House, which will "likely consider legislation to restore habeas corpus in the next few weeks."

Today's vote also suggests a new Senate majority for Habeas Corpus. (Last Congress, a similar amendment did not even break 50 votes.) And yes, it is a sad sign that we are reduced to counting votes for which members of Congress are upholding their oath to support the Constitution.

Follow Ari Melber on Twitter: www.twitter.com/AriMelber

Comments

[JerryWalden]

Well, we'll just have to vote out more of those @$#(!)?% Republicans in 08.

[philistine]

Ari, can you provide us with the list of those who voted against?
I have a feeling that a couple of my representatives in LA did so.

Thanks

[Ari Melber - Huffpost Blogger]

Sure, the "no" votes are below. You can also click on the "majority" link my post above to see a DailyKos list of which Senators have changed their vote to now support habeas (such as Sen. Brown) and which no votes are up for reelection this cycle.

Alexander (R-TN)
Allard (R-CO)
Barrasso (R-WY)
Bennett (R-UT)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Coburn (R-OK)
Cochran (R-MS)
Coleman (R-MN)
Collins (R-ME)
Corker (R-TN)
Cornyn (R-TX)
Craig (R-ID)
Crapo (R-ID)
DeMint (R-SC)
Dole (R-NC)
Domenici (R-NM)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Grassley (R-IA)
Gregg (R-NH)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Kyl (R-AZ)
Lieberman (ID-CT)
Lott (R-MS)
Martinez (R-FL)
McCain (R-AZ)
McConnell (R-KY)
Murkowski (R-AK)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Stevens (R-AK)
Thune (R-SD)
Vitter (R-LA)
Voinovich (R-OH)
Warner (R-VA)

[philistine]

Thanks, Ari!

Vitter. That figures. The Repugnican'ts worked some magic to keep him afloat, didn't they? At least he's the only one on the list. I'm actually a little encouraged by that.

Cheers!

[joebaggadonuts]

Cornyn huh? The same one who introduced a resolution to impugn the three million American Citizens who chose to call attention to Petraeus's betrayal of the American voter by pretending that the "Surge" is accomplishing the impossible?

Republican, thy name is hypocrisy.

Vitter signed on to this Filibuster. Allegedly visits prostitutes while harping on family values. Craig signed on. Outed Homo who bashes gays. Lieberman. Says he's a Democrat or an Independent to get elected and consistently votes with the R's. Domenici allegedly sought to improperly influence DOJ prosecutions to tip an election in his favor. I suspect the core values of every one on this list is based in some hypocrisy.

Why should we be surprised that this cast of characters would seek to undermine the most basic of all American Freedoms, the right of Habeas Corpus (recourse to courts for wrongful imprisonment) while claiming to do so to PROTECT us from terrorists? We should not be surprised. It is in their very nature.

God may forgive them, but America should not. They are supposed to represent us. That's their job. Citizens value their freedom. The Administration which wanted this filibuster claims it values Citizen's Freedom and to protect it has insinuated to itself the power to determine that any threat to that Freedom can implicate anyone as an enemy combatant, subject to indefinite imprisonment, torture and secret rendition.

Are you getting the picture?

[ORSunshine]

So much good our Democratic­ally-contr­olled Congress did us today. Gee, thanks Nancy!

Isn't it great that we 'Mericans can enjoy our "freedom" so much?

[itmaybetoolate]

Notice that only republiscums and, of course, joe liarman, voted against restoring HC. Lay the blame there. The dems did what they should do - introduced the legislation They should continue to do so - over and over again. Meanwhile, Nancy P. had nothing to do with this - she is in the HOUSE, not the SENATE. Get a clue.

[Janelynne]

I want to see the results of the votes published. The responsibility for voting is obscure, and no one in the media or in the blogisphere will call out these dufuses who keep blocking the votes. The media keeps repeating the mantra that the "Democratic controlled Congress failed." Today polls yeilded that only 11% of Americans think "Congress" is doing a good job. Let's stop calling it "Congress" and let's start identifying the individual obstructionists, and the absentees by name. The Democrats need 60 votes to override the unitary veto. On the Webb Bill there were only 49 votes for and 57 against, with about 6 GOP joining yea. How did that vote shake out? Who didn't vote? Who voted for and who voted against? Publish these names daily, like it is the stock market. The members of Congress are hiding, and I would like to see them in the sunshine. As we are flooded with more OJ and Britanny, the American people need to know who is voting for what so we can reform the Congress. I don't understand why no one bothers reporting this.