[Brilliant]

Anytime the Court rewrites the law, it's bad.

[Publius6961]

At the outset, however, Article 3 stipulates that in "case of armed conflict not of an international character," states that adhere to ...

This clown lost me right here. I read no further.

"Not of an international character" clearly does not apply to world wide terrorism.
I wonder what this idiot is smoking?

[Dilbert56]

Had an algebra teacher who showed us a proof that ran about 15 steps. At the end, it showed 1 = 2. The catch was that somewhere about halfway through, he divided by zero.

I really don't care at which step the court divided by zero, they got an absolutely ludicrous answer.

[Prokopton]

"Since al Qaeda is not a state or nation, the conflict in which they were captured was very reasonably characterized as "not of an international character."

What? Is the WOT a "national" conflict? A civil war?
This is, on it's face, absurd.

[TChris]

I think the bigger issue is that the Court gave itself jurisdiction where Congress had specifically, emphatically denied it. The Constitution gives Congress authority to do so, but the court blew right past that little obstacle.

[LibertarianInExile]

"The catch is in the interpretation. Who gets to decide the precise implications of Article 3?"

More directly, the catch is in interpreting the precise implications of Clause 2 of Section 2 of that article:

"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."

If Congress ignores the fact that the SCOTUS has just determined that it may sidestep any exceptions or regulations Congress creates to its jurisdiction--essentially saying, the Constitution be damned, we'll judge what we wanna judge!--what is the point of their oath to uphold and defend the Constitution? Every one of those five justices should be impeached. That Congress has made no noise about that shows you our Congress isn't ours any more. They are as a class more interested in protecting their minor perks than their constituency's right to elect those who make the laws, instead of being ruled by a Gang of Five.