Scholarly Repository @ Campbell University School of Law
Abstract
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
