David B. Rivkin, Jr. and Lee A. Casey have a Wall Street Journal op-ed today (not available for free online) making the point that the silver lining of Hamdan is that he Court affirmed that military tribunals would be okay if authorized by Congress (some opponents of military tribunals were hoping the Court would completely proscribe them). And yes, the political dynamics of a debate over a law establishing military tribunals for al Qaeda member do very much favor the GOP.
This doesn’t touch on the Court’s view that the Geneva Conventions apply to al Qaeda; I’m still not sure what the practical effect of that might be.
