Douglas Kmiec looks at the US Supreme Court's problematic Hamdan decision:
Ironically, to apply Geneva to al Qaeda in Hamdan the Court had to conclude that the present war is "not of an international character." To indulge the Court's conclusion requires more patience and suspension of belief than anyone should be asked to muster. Even if one was inclined to construe these rather clear words as referring to a conflict between a nation and a group of non-national radical Islamists rather than a conflict taking place in solely one nation (the President's wholly reasonable interpretation), the President's view, as a foreign affairs precedent, the separation of powers, and common sense, deserved to be credited.
As does the nimble-witted Mark Steyn:
The same kind of inspired jurisprudence conjuring trick that detected in the emanations of the penumbra how the Framers of the US Constitution cannily anticipated a need for partial-birth abortion and gay marriage has now effectively found a right to jihad -- or, if you're a female suicide bomber about to board an Israeli bus, a woman's right to Jews.