A judge or legal writer should think and speak with some legal logic. I read key cases on the SC all the time. I just don’t see a legal mind in his writings, let alone a great legal mind.
For instance, in this editorial, he refers to waterboarding as torture. It’s not, I’ve seen many experience it in training. It is uncomfortable, but not torture. It’s hard to take somebody seriously, when they use loaded wording like, “torture”, instead of describing the act or using the accepted terminology.
I agree with you about the SC, getting it wrong sometimes, way too many times. But, Nap gets it wrong too. The horrible decision to treat terrorist war captives as US citizens, deserving constitutional protections, is a perversion of our justice system. Napolitano is an advocate for this belief, which is not supported in the Constitution.
Again that is your opinion. A quick search shows many sources saying it is a form of torture