The indispensable Dahlia Lithwick weighs in over at Slate:
Today’s rebuke to the president still feels hollow to me because I just don’t believe the Bush administration cares what the Supreme Court thinks about the constraints on executive war powers. As a legal matter, Bush lawyers always claimed they’d won the last round of enemy combatant cases, even when the rest of us heard O’Connor’s admonition, in Hamdi v. Rumsfeld, about a state of war not being a “blank check” for the president. As a practical matter, even if it’s true that U.S. forces and interrogators must now abide by the Geneva definition of torture, when is the petition for relief of a tortured detainee going to present itself before this court? And even if Guantanamo is closed, which I gather may soon happen, what is to stop Bush from falling back on secret prisons and extraordinary renditions —which we will never know about?