How to Reverse Hamdan
The NYT has a useful account of the brewing debate in Congress over how to respond to the Supreme Court’s Hamdan decision. According to the article, Congress may spend the rest of the summer dealing with this. Here are some of the options:
(1) A one-sentence statute repealing Hamdan’s interpretation of the Uniform Code of Military Justice, essentially completely restoring the pre-Hamdan executive system of control
(2) A comprehensive statute creating and regulating military commissions providing for special rules of evidence,etc.
(3) Nothing – and rely on court martials.
Not surprisingly, number 2 looks like the preferred option so far. In that case, the devil really will be in the details.
One question of particular interest, which I have previously blogged about. Can Congress overrule the Supreme Court’s interpretation of the Geneva Conventions? I think the answer is yes, but expect lots of wailing if Congress moves in that direction.