A Stitch in Haste

To review: In Hamdan v. Rumsfeld, No. 05-184 (June 29, 2006), the Supreme Court told the Bush Administration that it could not try terrorism suspects via military tribunals without congressional authorization. The Military Commissions Act granted the president essentially what he asked for. Oh, and also suspended habeas corpus in seemingly direct violation of Article I, Section 9 of the Constitution.

Many if not most legal scholars, and I, insist that this suspension is unconstitutional.

The process of finding out whether we're right has begun:

A federal judge Friday set the stage for the next push by the Bush administration to get all the lawsuits by detainees at Guantanamo Bay thrown out of U.S. courts.

U.S. District Judge James Robertson laid out a five-week schedule for the Justice Department and lawyers for Salim Ahmed Hamdan to file written arguments in the detainee's challenge to his confinement.
...
Ten days ago, the Justice Department filed a copy of the new law with the court in Hamdan's case. Robertson said in a one-page order the Justice Department filing "is deemed to be a motion to dismiss" Hamdan's case.

One way or the other, this motion to dismiss (i.e., because habeas corpus has been questionably suspended) will end up right back at the Supreme Court. Stay tuned.

More thoughts at SCOTUSblog.