A win for the rule of law

[lumineaux]

The federal appeals court in Richmond, Va., ruled yesterday that the president may not declare civilians in this country to be “enemy combatants” and have the military hold them indefinitely.
http://www.nytimes.com/2007/06/12/washington/12combatant.html?ex=1339387200&en=6ab22756ff8d476f&ei=5124&partner=permalink&exprod=permalink

The name of the case is al-Marri v. Wright, and the full text is available on FindLaw.com or through the NY Times website.

Comments

[goldsquare.livejournal.com]

Volokh.com had some interesting theorizing on why it wouldn't survive en banc or SCOTUS.

I don't know that I agree, but I also know that I am newt amongst giants with their bloggers.

[rlg.livejournal.com]

A nice thing that I noticed (on page 2 of the nyt article) was that military judges said (paraphrased) "no, a presidential order does not give us juristiction here" referring to the detainees in Guantanamo.