The Court versus the Commander in Chief

The Supreme Court has achieved an exalted position in the American system of government: umpire between nation and states; final arbiter of the higher law of the Constitution; last refuge to protect individuals disfavored by the majority; guardian of the rights of all Americans. With that in mind, it might be thought that the nation’s highest court was uniquely positioned to challenge a president who was holding individuals incommunicado and denying them judicial hearings of any sort in the midst of credible reports of mistreatment and torture. When the Court began to entertain cases brought by detainees, the justices showed