Bush And Rumsfeld v. The Constitution: The Supreme Court Plays Referee

Nat Hentoff, one of the few great writers the Village has left after a purge by its new corporate owners, continues his Liberty Beat series with a good overview of the issues at stake in the high-profile Hamdam case-

Supreme Court Judges Bush-
At last, Bush's assumption of supremacy over Congress and the courts is in peril

The Supreme Court is now deliberating on the most important case in the Bush presidency, a case that can set precedents for future presidents during what the defendant, Donald Rumsfeld, admits will be a decades-long war against terrorism. It is so important that Chief Justice John Roberts made available audiotapes of the oral arguments on the same day. The last time I remember that happening was in the case of Bush v.Gore, which resulted in the Bush presidency.

On the surface, Hamdan v.Rumsfeld would appear to be primarily about the 10 prisoners at Guantánamo set to appear before military commissions established by the sole order of the president in Military Order No. 1 of November 13, 2001 ... But the much deeper significance of the case is emphasized in Hamdan's brief to the high court, calling on the justices to stop George W. Bush's "unprecedented arrogation of power."

Really good article. Recommended read of the day.