To quote from the Rasul decision:
“The Court today holds that the habeas corpus statute, 28 U.S.C. Section 2241, extends to aliens detained by the United States military overseas, outside the sovereign borders of the United States and beyond the territorial jurisdictions of all its courts.”
How does this not extend habeas corpus to OBL and Saddam - in fact to the entire planet, as Scalia pointed out? Every single foreign combatant captured by our military now has access to legal counsel and US Federal courts. The SC just assigned themselves jurisdiction over the military deployed overseas in combat operations. The only area in which they are constitutionally entitled to rule would be in our compliance with the Geneva protocols, or whether or not our actions even fall under the Geneva treaty, since we are fighting a multinational irregular force.
The Geneva Conventions allow for the holding of unlawful combatants "incommunicado" for the duration of the war at the judgement of the holding country.