[HiTech RedNeck]

Quirin did not address the situation of a "no-war" war like the current one. When is there "end of hostilities," or could there be, in this case? No war has been declared, so no surrender is possible to end the hostilities. Surely even our Supreme Court will not want to create an open ended excuse for the Feds to perpetually deny the possibility of judicial exoneration (even in a military court) to anyone they can charge with a sufficiently antisocial act. This is to trash freedom in the name of saving it.

[HiTech RedNeck]

"The last time the Supreme Court ruled 8 to 0."

You have been wielding that statement as though it were some kind of decisive club. The truth is that the SCOTUS frequently overturns lower courts, and the practical result of applying Quirin the way the lower court did would be to disallow judicial exoneration in perpetuity for certain charges. I am confident that the SCOTUS will see the reductio ad absurdam here.

[HiTech RedNeck]

"The last time the Supreme Court ruled 8 to 0."

You have been wielding that statement as though it were some kind of decisive club. The truth is that the SCOTUS frequently overturns lower courts, and the practical result of applying Quirin the way the lower court did would be to disallow judicial exoneration in perpetuity for certain charges. I am confident that the SCOTUS will see the reductio ad absurdam here.