Tuesday, February 20, 2007 9:55 AM
The DC Circuit has ruled on the various suits on behalf of hundreds of prisoners (and why do we call them detainees, anyways? Is that so we can argue that their treatment is better?) and the result is no good: dismissed for lack of jurisdiction, thanks to the Military Commissions Act. I'm too agitated to read the opinion carefully just this minute, so instead I refer you to the posts at SCOTUSblog and at Balkinization.
I haven't read those posts carefully either, so I can't comment on them yet. But I can say one thing right now: when we wait for the courts to fix things that Congress *should have fixed*, as Arlen Specter knows full well, we wait in vain. And so does every prisoner being held in legal limbo.