I was in court all day today and so I did not find out that the Supreme Court had ruled in Boume­di­ene v. Bush today. [Note: PDF link.] The Court explic­itly held that MCA § 7 (the jurisdiction-​​​​stripping amend­ment) was within Con­gress’ power to enact as a mat­ter of Arti­cle III (but not within Con­gress’ power to enact as a mat­ter of the Sus­pen­sion Clause). I’ve said all along that this ques­tion, which the Court calls “a thresh­old mat­ter” was more sig­nif­i­cant in the long run and from a separation-​​​​of-​​​​powers stand­point than any rul­ing on the much more pop­u­lar and eagerly reported habeas issue. I [ . . . ]

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