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  Terror Case Shows Bush, Libertarian Rift
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Last EditedRP  Dec 12, 2006 09:24pm
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News DateWednesday, December 13, 2006 03:00:00 AM UTC0:0
DescriptionProminent conservative lawyers joined liberal colleagues Tuesday in opposing Bush administration anti-terror tactics, arguing that an immigrant held as an enemy combatant has a right to seek his freedom in court.

The legal brief, filed in the case of suspected al-Qaida sleeper agent Ali Saleh Kahlah al-Marri, argues that a new military commissions law is unconstitutional.

The argument has been made in this and other detainee cases, but Tuesday's brief is notable for the bedfellows created by the politics of anti-terrorism. Staunchly Democratic law school deans Harold Koh of Yale and Laurence Tribe of Harvard were joined by lawyers such as Steven Calabresi, who served in the Reagan and first Bush administrations and helped found the conservative Federalist Society.

"It shows the phrases 'conservative' and 'libertarian' have less overlap than ever before," said Richard A. Epstein, a University of Chicago law professor and Federalist Society member who signed the brief. "This administration has lost all libertarians on all counts."
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