[CFC__VRWC]

Reid and the rest of the Dims know that if they filibuster any attempt to create these tribunals (which I'm sure they really want to do, and what the Deaniac/Kos base will demand) they're slashing their own throats for November. They'll probably try to load the bill up with all sorts of poison pills that make it completely toothless and useless, or just load it up to bursting with pork. And then when it falls apart, they'll blame the White House and the GOP for "refusing to work with us."

[Reily]

I agree that the Congressional legislation removed the court's jurisdiction however how are you going to enforce the legislation.
I think that with a 'Declaration of War' the whole case would have been harder to even bring to the docket.