Nahncee, the congress DID remove the Habeus for detainees issue from the court’s jurisdiction as allowed by the constitution. The court chose to ignore that fact and issue a ruling anyway. It is significant that they waited until the make-up of the congress had changed so as to not risk their own impeachment.

It’s funny, the court asked the congress to set rules for military commissions but just couldn’t restrain themselves long enough to let those commissions work before ruling them unconstitutional. They then did not provide any standards to use in the hearings they mandated so that the military, executive and legislative branches must continue to guess as to what the law is during a time of war. Bush should call their bluff and start bringing tens of thousands of prisoners over to the US courts from Afghanistan and Iraq to make sure we are in compliance. If the Supreme Court wants to run the war then let them do it. I also wouldn’t provide any extra funds for them to handle the extra workload.

Given Kelo, McCain-Feingold and the two more recent rulings I think it is pretty clear that we have a rogue Supreme court on our hands. If they rule the wrong way in Miller it will be interesting to see how things play out.