Today’s supreme court ruling comes as no surprise to me. Legal space, like a fog, will and should extend into the legal issues around warfare. This is essay at SSI (links to pdf) has some relation, but I’d claim two issues:
1. The supreme issue today about war is not how to fight, but when to fight.
2. Defining war is also key to number one: here the war simulation is relevant. I don’t think you can have a war on terrorism, which is part of the locus of the court’s ruling against the administration. There is a spatial question here. War is a circle (theater) and a modus and a force. But how to define it from the point of view of al Qaeda?