It appears that the majority is arguing that the Joint Resoltuion authorizing force allows the President to interdict and kill Al Qaeda jihadists but does not allow their detention.
Interesting application of judicial activism because even if that was the case, that is a political question that should be resolved by COngress, not by two members of the Second Circuit.
Well, it shows me that if we would just go back to the old-fashioned idea of specifically declaring war when we want to go to war, and victory when we win, this stuff would be taken care of.