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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...

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 sentencing of Zacarias Moussaoui has raised new questions about the prosecution of terrorists in the post-9/11 era. Are civilian courts the proper forum for trying terrorists? Are military commissions better suited to trying terrorists or can civilian courts be modified to do...

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.

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.

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.

The new wave of presidential signing statements is a serious challenge to our country's system of checks and balances.

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