<p>Here’s the language the Supremes found unconstitutional:</p>
<p>“Except as provided in section 1005 of the Detainee Treatment Act of 2005, no court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.” §1005(e)(1), 119 Stat. 2742. </p>
<p>That’s far more dramatic, and far less limited, than Lincoln’s decision to suspect the writ of habeas corpus in limited regions of the country during the darkest days of a civil war that resulted in the deaths of 8% of the country’s white males between the ages of 13 and 43.</p>