The Supreme Court put off deciding the jurisdictional challenge to the Hamdan case today. (This case is the challenge to Guantanamo’s so-called military tribunals, bodies that threaten to give kangaroo courts a bad name.) But rather than reject the government’s claim that Congress removed federal jurisdiction in the recent “Detainee Treatment Act” (AKA the Graham Amendment AKA a Really Bad Move), the Court punted the jurisdictional issue to the hearing on the merits.
This is cautiously good.