In a small victory for the Constitution, the separation of powers, and the rule of law. What's depressing is how close this was. The dissenting opinion sickens me; that four justices are willing to abdicate their responsibilities as one of the three equal branches of government turns my stomach. Apparently "strict constructionist" means "roll over for whatever the other two branches want, ignoring your duties as a check and line of last defense on them."

(Via Mark Evanier's news from me.)

The Executive Branch, acting pursuant to the powers vested in the President by the Constitution and with explicit congressional approval, has determined that Yaser Hamdi is an enemy combatant and should be detained. This detention falls squarely within the Federal Government's war powers, and we lack the expertise and capacity to second-guess that decision.

Looks like Justice Thomas needs to take high-school civics again. Did he miss the part where he is part of the Supreme Court? If the Supreme Court of the United States lacks the expertise and capacity to judge something, then no one does. The only conclusion one can draw is that the President has absolute power that cannot be questioned. Exactly what is the purpose of the Supreme Court? Why does Justice Thomas show up to work?

(2006-11-15: Fixed typo.)

But when an issue is one that could realistically come up, the people who would be making the arguments on both sides of the issue have a right to have a judiciary of people with open minds. And that means people who haven't announced in advance what they think about the issue and, more importantly, people who are not going to reach a conclusion until they have gone through the judicial process.

I'll agree with the second half, that a judge should not reach a conclusion until a case is done. But to demand that a judge not announce their opinions? Just because a judge hasn't said anything publicly doesn't mean they're neutral and open minded. It's possible to be closed minded but quiet. Indeed, I'm more worried about Alito because he refused to talk. I could trust a judge who was against abortion, but whose mind was truly open and willing to decide against things he personally believes. Alito is just a big unknown. Much like when a criminal pleads the fifth; sometimes innocent people use it, but it makes you suspicious.