[tobyhill]

"no power not created by the Constitution"

If she actually believes and respects this then she would know that her ruling contradicts it because she's intruding on the executives authority. She is also inserting herself in the conduct of war by the attempted elimination of a military operation. Now she and with the GITMO USSC ruling have arbitrarily decided that they are the most important decider's of how a war is conducted.

[Sgt_Schultze]

and no power not created by the Constitution

Beyond your comments, the Constitution confers exactly NO specific power to the courts to rule on the constitutionality of any law.

If the affirmative-action judge acually believed her statement, she would have not even heard the case.