Media coverage of Hurricane Katrina all but drowned out what may well be one of the most consequential court decisions in American history - and one that should focus even more attention on the ideological composition of the Supreme Court.
Last week, A three-judge federal appeals court panel ruled unanimously that President Bush has the authority to detain as an enemy combatant an American citizen who fought United States forces on foreign soil.
The panel threw out a ruling by a trial judge in South Carolina that Mr. Bush had overstepped his bounds by detaining Jose Padilla, a Chicago native, for three years.