Here is the classic "Which comes first" problem:
Before the Supreme Court may proceed to decide the Hamdan case, a test of the constitutionality of the war crimes tibunals (named "military commissions,"). it must decide that the Detainee Treatment Act did not take away its jurisdiction to rule.
The question, which I hope to find raised a little later in the article, is whether the legislative branch has the ability to strip SCOTUS of jurisdiction. I'm not in conlaw yet, but I sure would think the answer was a resounding "NO!"
However, the extant GOPNAC stranglehold on all three branches of government may be such that the sitting High Court will decline to speculate that perhaps Congress hasn't the power to make the distinction: So long as GOPNAC has the Congress the Scalia bench (let's call it what it is) will blow with the majority and never smell the tyranny---because A.S. has made it frighteningly clear that majorities are only tyrannical when they vote against his hunting buddies in the PNAC.
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