Then The Terrorists Have Won…

Anthony Lewis speaks truth to power in his column today, which urges the nation's courts not to abandon the Constitution to hysteria over terrorism. It might come as a surprise to some (and to me) that Lewis praises Israel's judicial system as an example America would do well to follow in the current climate:

Aharon Barak, president of the Israeli Supreme Court, put his conclusions as follows: "The real test of [judicial] independence and impartiality comes in situations of war and terrorism… Precisely in these times, we judges must hold fast to fundamental principles and values; we must embrace our supreme responsibility to protect democracy and the constitution."

Whether Israel actually practices what its Chief Justice preaches is an open question. But given the tendency of the courts to give law enforcement unquestioned — and unquestionable — reign in this troubled time, we should definitely start to practice what Barak preaches.