the Supreme Court’s concerns in Hamdan must do no more than satisfy
Justice Kennedy, because any future case involving military commissions will include Chief
Justice Roberts. If the Congress and the Administration can satisfy
Justice Kennedy, then it will satisfy any future Supreme Court review by a conservative majority that will include Chief
Justice Roberts (Roberts’ views are fairly obvious from his D.C. Circuit opinion). Second, at bottom this case is about Youngstown. But this case is a weak Youngstown prong-three case in which “the President takes measures incompatible with...
30.06.06
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Roger Alford
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