Supreme Court Flexes Its Muscles in Boumediene Decision

http://pajamasmedia.com/blog/the-supreme-court-flexes-its-muscles-in-wartime/

Whereupon Justice Kennedy in Boumediene — gazing with Olympian remove and no small disdain upon the complex, highly negotiated work of the two political branches — tossed aside the heart and guts of the MCA and DTA as self-evidently unworthy, in judicial rhetoric at once lofty but utterly vacuous. It is passing strange and distinctly unhelpful that the Court's swing vote should also be its intellectually least prepossessing, and the justice most given to writing opinions in the obfuscatory tone of God addressing eternity.