The wheels of justice grind slowly

But grind they do.

The appeals panel ruled that Bush had overreached his authority and that the Constitution protects U.S. citizens and legal residents such as Marri from unchecked military power. It also rejected the administration's contention that it was not relevant that Marri was arrested in the United States and was living here legally on a student visa.

"The President cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention," the panel found.

The Bush administration will likely ask the full Fourth Circuit to consider and, of course, there's always the 5-4 Allito court.

And this is insane:

U.S. District Judge Henry E. Hudson, a Bush appointee, dissented from the opinion. Hudson contended that Bush had the power to detain enemy combatants under Congress's authorization to use military force.

"Although al-Marri was not personally engaged in armed conflict with U.S. forces, he is the type of stealth warrior used by al Qaeda to perpetrate terrorist acts against the United States," Hudson wrote. "There is little doubt," the judge maintained, that al-Marri was in the country to aid in hostile attacks on the United States.

"Little doubt?" There has been no trial, so how can there be "little doubt," as no evidence as been presented other than the Justice Dept's claims. So, while this is a nice victory for the Constitution, it's a shaky one.