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.
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