IMHO, Bush should never have argued the case in court. He should have said at the very beginning he doesn't care if the judge rules in his favor or not as this is not part of the judges job description.
He could also say the administration will deal with it when hostilities end.
Do you REALLY want the Executive to have the power to detail persons without appeal - and that they should be allowed to ignore court decisions when someone is wrongly held and without due process? Be careful what you ask for, you might get it.