[elmer fudd]

Then why not make it official? You can always claim to be at war. Heck, we've had the "war on drugs" for decades now, but that doesn't give us the right to inter all drug abusers for the duration. When congress declares war, that makes it official and that's important. Then instead of being "detainees", our prisoners would be either POW's or saboteurs and we could legally keep them for the duration or execute them depending on their status.

If you're unwilling to officially declare a war, then you shouldn't be surprised when people don't take it seriously.

[Banjoguy]

when people don't take it seriously.

What planet are you living on?

Just exactly who isn't taking it seriously?

Being at war is not dependent on documentary or political formalities. It happens when the other guy is trying to kill you. The Muslims of the world want all of us dead and have succeeded in killing about 3000 of us. Ipso facto: we are at war.

This blunder by SCOTUS will eventually lead to the deaths of American citizens.

One more thing, see my tag line. Also among the enemies of The Republic are those who stand in the way of our right of self defense whatever form that defense may take, you know, like incarceration and "waterboarding."

[sam_paine]

If you're unwilling to officially declare a war, then you shouldn't be surprised when people don't take it seriously.

Fudd, the SCOTUS accepts in the decision, not only that we are at war, but that this war could last 50 years. It's in Kennedy's majority opinion.

He doesn't care. He expects the USA to pay a little more, to go a little farther, to extend habeas corpus rights to all people detained by our government, in order to let the DC circuit court decide whether or not someone is an enemy combatant in this time of war.

The whole decision is about what to do with prisoners be they at Gitmo or at Leavenworth, Kansas.

I recommend you read the decision. Everyone seems to believe we're at war except you.