A principal flaw the court found in the commissions was that the president had established them without Congressional authorization.You know what I find remarkable? The fact that Justices Scalia and Thomas have evidently flipped their lids, pretty much abdicating their responsibilities as a check on the other two branches of government:
The decision was such a sweeping and categorical defeat for the administration that it left human rights lawyers who have pressed this and other cases on behalf of Guantánamo detainees almost speechless with surprise and delight, using words like "fantastic," "amazing" and "remarkable."
It is not clear where the court derives the authority — or the audacity — to contradict" Congress and the executive branch, Scalia wrote.C'mon guys, are you Supreme Court justices, or senators up for re-election?
Thomas, reading a dissent from the bench for only the second time in his nearly 15-year career, said the court's decision would "sorely hamper the president's ability to confront and defeat a new and deadly enemy."