Habeas Isn't Dead, It Just Smells Funny

Earlier this week, the Fourth Circuit handed down a decision that dealt a major blow to the Bush administration's "War on Terra" and gave some hope that the Constitution isn't completely dead yet. The court held that the Government can't hold a non-citizen who was legally in the United States indefinitely simply by Duhbya labeling him an "enemy combatant." Over at Salon, Glenn Greenwald has a much more detailed analysis. Hopefully, the Supremes (or the full Fourth en banc) will let this decision stand.