Bork, Bork, Bork.

Another case of someone needing to go back and read the Constitution, presented for the benefit of those who might be uncertain whether opposing Bork's nomination was the Right Thing To Do:

A War the Courts Shouldn't Manage

By Robert H. Bork and David B. Rivkin Jr.

As speculation mounts about President Bush's nominees to the federal judiciary, and particularly to the Supreme Court, one factor that should be of paramount importance is too often overlooked. Curbing or reversing the Supreme Court's usurpation of so many domestic issues is crucial. But perhaps even more important is avoiding judicial micromanagement of America's war against radical Islamic terrorists. Already there are disturbing signs of judicial overreaching that is constitutionally illegitimate and, in practical terms, potentially debilitating.

... Although current detention and interrogation procedures can surely be improved, and additional safeguards against abuses should be adopted, these ought to be matters for the political branches. Freezing policies through constitutional rulings should be a last resort. The executive and Congress, as circumstances change and experience accumulates, can debate and resolve in a flexible manner the policy imperatives of individual liberty and America's reputation overseas, on one hand, vs. the demands of collective safety. But in doing so they must avoid trampling on the president's constitutional prerogatives. Congress should not lay down detailed prescriptions on what interrogation techniques are appropriate. And it should resist the temptation to grandstand; passing exhortations against torture is not the way to proceed. ...

In other words: Judiciary, Legislature, sit down and shut up. The President can detain who he wants when he wants for whatever reason he wants, and even torture them, and it isn't your job to interfere, or even complain.

Imagine where we would be if a man who could write this was sitting on the Supreme Court. (And the righties thinks the opposition to him was just "political". Incredible.)

Update: Joshua Holland at the Gadflyer has much more to say.