they know they will lose the case based on some of Scalia's comments alone. we need more Thomas's but don't have them.
and it won't stop there. they will extend this same right to US citizen combatants on foreign soil, and have extended habeas rights to non citizens at Gitmo and will likely expand that also to include foreign prisoners - this is what is forcing the CIA to hop all over the world looking for prisons to hold them in.
terrorists are winning more often in the US judiciary, then on the field of battle.
And? This is my problem more than the fate of Jose Padilla - that the adminstration is trying to do an end run around the legal process which is not something people committed to the rule of law do.