Guantanamo Ruling

The Supreme Court said Congress has not specifically empowered the Executive to conduct special prosecutions of 'enemy combatants', but Congress could remedy this situation. Sen. Lindsey Graham (R-SC) has already begun work on a legislative solution.

Here's part of Justice Kennedy's opinion: In sum, as presently structured, Hamdan’s military commission exceeds the bounds Congress has placed on the President’s authority in §§836 and 821 of the UCMJ (Uniform Code of Military Justice). Because Congress has prescribed these limits, Congress can change them, requiring a new analysis consistent with the Constitution and other governing laws. At this time, however, we must apply the standards Congress has provided. By those standards the military commission is deficient.

Hamdan v. Rumsfeld