Imagine President Hillary Rodham Clinton new AG Robert Kennedy Jr. declares, along with other groups seen as part of the VRC, Free Republic a terrorist group. FR's servers are seized, and Jim Robinson, and certain other FR members are detained as "enemy combatants," on the President's authority. If this decision survives review by SCOTUS what would prevent that?
the courts are reviewing these cases, Padilla's status as an enemy combatant had to be established, its not just an arbitrary classification, the court reviews the evidence behind it.