Terrorism, the Military, and the Courts

This is an article well worth reading.

One thing I'd like to address in the article is this astute observation:

Put simply, I mean to argue that while meaningful, probing judicial review has a more substantial place in this war than the administration allows, it has a far more limited one than many civil libertarians and human-rights advocates imagine.

All very true -- I think in defense of the Administration, though, the reason it hasn't allowed as much judicial oversight as there is a place for is precisely because it is well aware of the rampant judicial activsm permeating the courts, and their responsiveness to the pressure civil-ibertarians and human-rights activists can bring to bear on them.

The administration is reluctant, in this judicial climate, to give up known high-value detainees to judical squeamishness.