[Non-Sequitur]

Incidentally, Rehnquist voted with the plurality in Hamdi, didn't he? Guess if he had any doubts, they were resolved by 2004, huh?

I highly doubt it since Hamdi didn't deal with a suspension of habeas corpus but a denial of due process.

By the way, how did Scalia vote in that case?

With the majority. Thomas was the sole desenting vote. And by the way, you might want to go back and read the Hamdi v Rumsfeld decision and tell us all who had suspended habeas corpus. Was it the president? Congress? Rumsfeld?

[Publius Valerius]

Scalia dissented; he did not vote with the plurality becuase it gave too great of powers to the President.

Incidentally, Scalia, in his dissent, goes on--at length--about how the power to suspend the writ of habeas corpus rests solely with the legislature.