[brytlea]

"The Court expressly declared that it was not questioning the government's power to hold Salim Ahmed Hamdan "for the duration of active hostilities" to prevent harm to innocent civilians."

OK, follow me here, because I may be totally full of it. But, it would seem that a good lawyer could make the case that we need to prove that they are a danger to innocent civilians. Yes? No?

susie

[silentknight]

WOW so what now? Good lord this is insane.

[Fury]

OK, follow me here, because I may be totally full of it. But, it would seem that a good lawyer could make the case that we need to prove that they are a danger to innocent civilians. Yes? No?

I don't know the answer to this. It would seem that based on what was posted at SCOTUSblog that the Court went out of its' way to note that such a determination was within the purview of the Executive - I don't know the process if someone were to challenge that.