In its decision to accept the Guantánamo Bay prisoners’ appeals despite the Bush administration’s objections, the Supreme Court brushed past the “judges keep out” fence the administration had tried to erect around its open-ended detention policy. No matter how the court eventually rules, that action alone may well come to define a singular moment in the relationship between the White House and the Supreme Court, two inherently powerful institutions that for the last several years have been in alpha mode, each intent on exercising its power to the maximum extent possible. Though it may not have been clear that the court was ready to join the post-Sept. 11 debate, it now appears that the administration laid down a challenge the justices were unwilling to ignore. This was a moment long in coming: the imperial presidency meets the imperial judiciary. Full Story
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