[Sandy]

No one has suspended the Great Writ. See U.S. CONST. art. I, § 9, cl. 2. Padilla’s right to pursue a remedy through the writ would be meaningless if he had to do so alone. I therefore would extend to him the right to counsel as Chief Judge Mukasey did. See Padilla, 233 F. Supp. 2d at 599-609. At the hearing, Padilla, assisted by counsel, would be able to contest whether he is actually an enemy combatant thereby falling within the President’s constitutional and statutory authority.

Yup. Even the dissent disagrees with the government's position.

[mrsmith]

Heck,even I agree he should have some access to an attorney.

What do you think of the ruling?
Their cite of Endo shows just how far they'll go to avoid the question at hand- how do you decide who is a combatant? Military detention is obviously a use of military force under the congressional resolution.