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On March 28, the Supreme Court will take up the case of Hamdan v. Rumsfeld, which will determine the permissibility of the Bush administration’s plan to use military tribunals to conduct trials of al Qaeda senior leaders. In...

Western counter-terrorism success is now under attack.

In its decision in Hamdan v. Rumsfeld rejecting President Bush's military commissions for the trial of al-Qaeda terrorists, the Supreme Court made a number of missteps.

During the bitter controversy over the military commission bill, which President Bush signed into law on Tuesday, most of the press and the professional punditry missed the big story.

Even though President Barack Obama will certainly nominate a liberal to the Supreme Court, he could still nominate a jurist who believes in judicial restraint, unlike Justice John Paul Stevens.

The decision of the Supreme Court to impose specific rules and override political judgments about military necessity mistakes war for the familiarity of the criminal justice system.

The court's decision in Hamdan vs. Rumsfeld will hamper the ability of future presidents to respond to emergencies with the forcefulness and vision of a Lincoln or an FDR.

Congress now should take up the Court's invitation to consider what procedures are most appropriate for trying terror suspects at Guantánamo.