Ultimately, one would hope that when the islamists realize that taking up arms against an American soldier is a suicide mission, the attacks will diminish. By the same token, when an attack is promulgated, the severity will be considerable. The result is more American deaths just as Scalia proposed.
My bottom line is: if you are not a citizen of the USA and you are captured breaking our law or endangering a USA citizen, you have only one right: the right to not be executed on the spot (because that is God's law). After that, as far as I am concerned, praying to whatever animal or miscreant you believe in is your only hope.
It is God's law to execute noncitizens? My god is conservatism in trouble.