The Volokh Conspiracy seems to think the idiodic ruling in the aforementioned Jose Padilla case will be over-ruled.  It worries me that anyone can even consider this as an issue.

Yes, I saw the Boortz post about it this morning, and that’s troubling, too, but not shocking; Bootz is a libertarian… and their rabid mistrust of anything government is legendary.  In this case as in most others, it blinds them to bigger problems.

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