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“The Boumediene five also ignored the Constitution's structure, which grants all war decisions to the President and Congress. In 2004 and 2006, the Court tried to extend its reach to al Qaeda terrorists held at Guantanamo Bay. It was overruled twice by Congress, which has the power to define the jurisdiction of the federal courts. Congress established its own procedures for the appeal of detentions.

“Incredibly, these five Justices have now defied the considered judgment of the president and Congress for a third time, all to grant captured al Qaeda terrorists the exact same rights as American citizens to a day in civilian court.”

— John Yoo,
Former Deputy Assistant Attorney General, Currently Berkeley Law Professor and American Enterprise Institute Visiting Scholar, On the Supreme Court’s 5-4 Ruling in Boumediene v. Bush Affording Certain Rights to Terrorist Detainees
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