EMPTYWHEEL ON BOUMEDIENE (AND FISA)

I recommend reading the entire post and I will give I what think are the key points here. The Court majority found that the laws about the detainees violated the separation of powers. The laws unconstitutionally limited the courts to rule only on whether the Executive branch followed its own rule and could NOT determine whether these rules are constitutional. This amounts to giving the Executive branch the full power of the Judicial branch in these cases.

And there may be more, if the compromise to FISA is as described. It would only allow the courts to decide whether or not the Executive branch followed its own rules and NOT whether those rules are constitutional.