Although it's date-stamped with today's date, I swear I have read this DC Circuit Gitmo decision before. It's an opinion by Judge Randolph, ruling against Guantanamo detainees seeking release, that downplays the Supreme Court's Gitmo cases and cites Johnson v. Eisentrager along the way. I can't quite place it. Did I read this in 2003, in the opinion reversed in Rasul? Or was it 2007, in the opinion reversed in Boumediene?

   Of course, the legal issue in today's case is different. Still, after Judge Randolph thumbed his nose at the Supreme Court in his Boumediene opinion, it seems hard not to notice the similarities. See Judge Rogers' concurrence for more.

  Thanks to Howard for the link. (Note to commenters: Based on past experience, threads on topics like this can bring out the worst in commenters. Passions run high, legal analysis tends to be weak, and accusations of hackery run amuck. If that happens here, I'll just delete the comment thread. Feel free not to comment if that possibility bothers you.)