Who's Running This Show?

Justice Thomas dissents:

For the reasons set forth in Justice Scalia’s dissent, it is clear that this Court lacks jurisdiction to entertain petitioner’s claims. The Court having concluded otherwise, it is appropriate to respond to the Court’s resolution of the merits of petitioner’s claims because its opinion openly flouts our well-established duty to respect the Executive’s judgment in matters of military operations and foreign affairs. The Court’s evident belief that it is qualified to pass on the “military necessity” of the Commander in Chief’s decision to employ a particular form of force against our enemies is so antithetical to our constitutional structure that it simply cannot go unanswered.