The roots of Bush’s claim to absolute power to indefinitely detain “enemy combatants” is a a memo justifying Nixon’s invasion of Cambodia written by a young William Rehnquist. Bush may have denied any intentions to torture detainees but he has not renounced his claim to absolute power to imprison American citizens he labels an “enemy of the people.”

Contrary to popular opinion, the Supremes have not really reigned in Bush. As Justice Scalia pointed out in his wonderful dissenting opinion, the court did not restore the constitutional right of habeas corpus to Americans labeled “enemy combatants.” Instead, the the court upheld their right to a show trial in a kangaroo court.