That's my main beef as a lawyer. This decision throws out hundreds of years of jurisprudence to reach the decision the libs want.
More Scalia
"To put this in context:The charge against the respondent in Councilman was the off-base possession and sale of marijuana while he was stationed in Fort Sill, Oklahoma, see id., at 739–740. The charge against the petitioner here is joining and actively abetting the murderous conspiracy that slaughtered thousands of innocent American civilians without warning on September 11, 2001. While Councilman held that the prosecution of the former charge involved “military necessities” counseling against our interference, the Court does not even ponder the same question for the latter charge."
And they not only had to have their way- they had to have it NOW!
They wouldn't even wait until a case came up that had followed the DTA. When they could have made the very same arrogant ruling on the tribunals without denying the clear meaning of the word "any".