A mistake that the SCOTUS will ultimately overturn:

“The Bush administration cannot use new anti-terrorism laws to keep U.S. residents locked up indefinitely without charging them, a divided federal appeals court said Monday.

The ruling was a harsh rebuke of one of the central tools the administration believes it has to combat terror.

“To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them ‘enemy combatants,’ would have disastrous consequences for the constitution ‚Äî and the country,” the court panel said.

In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel found that the federal Military Commissions Act doesn’t strip Ali al-Marri, a legal U.S. resident, of his constitutional rights to challenge his accusers in court. It ruled the government must allow al-Marri to be released from military detention.

The government intends to ask the full 4th Circuit to hear the case, Justice Department spokesman Dean Boyd said.”

Another opinion instead of judgement by a liberal activist court. More at the SCOTUSblog, with an excellent analysis.

The fact is that it may be upheld by the full 4th, which will mean it will end up with the Supremes. I like the chances of it surviving there.