Aid and Comfort: Rasul v. Bush and the Separation of Powers Doctrine in Wartime

By failing to recognize the challenges facing political and military leaders in the wake of the September 11, 2001 attacks, in reversing fifty-four years of precedent relied upon by the executive branch, and in failing to consider the political question doctrine, the Supreme Court in Rasul charted a dangerous constitutional course that could lead to greater judicial involvement in war-making powers and greater levels of conflict among the three branches. These trends will ultimately threaten the nation\u27s ability to fight and win future wars. The decision is ill-advised, ill-timed, and invites unintended consequences

Aid and Comfort: Rasul v. Bush and the Separation of Powers Doctrine in Wartime

By failing to recognize the challenges facing political and military leaders in the wake of the September 11, 2001 attacks, in reversing fifty-four years of precedent relied upon by the executive branch, and in failing to consider the political question doctrine, the Supreme Court in Rasul charted a dangerous constitutional course that could lead to greater judicial involvement in war-making powers and greater levels of conflict among the three branches. These trends will ultimately threaten the nation\u27s ability to fight and win future wars. The decision is ill-advised, ill-timed, and invites unintended consequences