WOW

Heavy stuff in the SC today.

Is it a bad sign when the Chief Justice gets your name wrong when announcing the case?

And listen to Dunham's passionate conclusion of his argument in Hamdi. My transcription doesn't capture the drama of the moment, so listen for yourselves (end of the file, here).

Congress tomorrow could take these military regs and say 'this is the law, we authorize the executive to detain people and to give them hearings the way the military says,' and then it would be lawful, but Congress hasn't done that, and I respectfully submit. . . that until Congress does act, these detentions are not lawful, and I would respectfully ask this Court to step up to the plate and say so.

BTW: the discussion of congressional intent is frustrating. Who the heck knows what Congress 'intended' with its authorization of the use of force?