Larry Solum has a useful summary of the 2nd Circuit's decision in the case of Padilla, the U.S. citizen spirited away to a military brig on the say-so of the President, denied access to a lawyer, and held incommunicado. This brazen and lawless assertion of power has been rebuffed by the 2nd Circuit. Amazingly, one judge dissented. Let's see whether the administration continues to resist the rule of law.
UPDATE: Eugene Volokh (UCLA law professor) has what appears to be a sound analysis of the case; note esp. his paragraph 5. His analysis also explains why there is a dissent (and it's not because some member of the federal judiciary really believes that the leader of a democratic nation can spirit people away to military brigs on a whim).
ANOTHER UPDATE: And more insight, and useful historical perspective, on these decisions from Eric Muller (UNC-Chapel Hill law professor).
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