I intend to discuss this in depth later, but I would like to give the first ever Molly Goes Ninja Freedom Is Not for Sissies award to Justice Scalia.
Finally, before I go back to work I would like to propose a simple solution to the problem that this case has created: Take no prisoners. Shoot 'em or hang 'em high, but take no prisoners.
UPDATE:
Here is the link to this decision:
http://www.supremecourtus.gov/opinions/07pdf/06-1195.pdf
Here is what Justice Scalia had to say in his dissenting opinion:
…[T]oday it is not just the military that the Court elbows aside. A mere two Terms ago in Hamdan v. Rumsfeld, 548 U.S. 557 (2006), when the Court held (quite amazingly) that the Detainee Treatment Act of 2005 had not stripped habeas jurisdiction over Guantanamo petitioners’ claims, four Members of today’s five-Justice majority joined an opinion saying the following:“Nothing prevents the President from returning to Congress to seek the authority [for trial by military commission] he believes necessary.
“Where, as here, no emergency prevents consultation with Congress, judicial insistence upon that con¬sultation does not weaken our Nation’s ability to deal with danger. To the contrary, that insistence strengthens the Nation’s ability to determine — through democratic means— how best to do so. The Constitution places its faith in those democratic means.” Id., at 636 (BREYER, J., concurring).
Turns out they were just kidding. For in response, Congress, at the President’s request, quickly enacted the Military Commissions Act, emphatically reasserting that it did not want these prisoners filing habeas petitions.(emphasis added)
