1) The court’s decision on Comstock essentially creates a legal framework by which the federal government can hold anyone indefinitely, without trial or appeal, if the government merely has the opinion that person is “dangerous.”
2) I disagree. The court only held that the enumerated powers claim doesn’t strike down this law. It specifically said the court would have to decide due process issues on remand. Indefinite detention without trial or appeal is prevented in our Constitution by the due process requirement and the habeas corpus clause. The court didn’t address either of these issues, and only held that the question of enumerated powers didn’t apply.
I meant I hope the latter is right. If it is, then the Feds won't have the right to suspend habeus corpus at will.