The government's tricky lawyering in the Guantanamo Bay cases.
So far, the government's slippery arguments and citations haven't found their way into law because the Supreme Court has not, in fact, endorsed them. On Tuesday, the court failed to grant the government's motion to kick Hamdan out of court in light of the DTA. But the justices didn't reject the government's argument, either—they postponed consideration of it until they hear the case in its entirety next month. It's up to the court to call the government on its questionable tactics. Otherwise, we won't just have bad briefs to worry about. We'll have very bad law.
Emily Bazelon is a Slate senior editor and writes about law, family, and kids. Her forthcoming book, Sticks and Stones: Defeating the Culture of Bullying and Rediscovering the Power of Empathy and Character. Find her at firstname.lastname@example.org or on Facebook or Twitter.