To my eye, it is evidence of a basic and dangerous misconception about the judicial role during times of war and crisis. Chief Justice Rehnquist published a book back in the late '90s called "All the Laws But One," the theme of which was that "in time of war the government's authority to restrict civil liberty is greater than in peacetime." (Those are the Chief Justice's words, on p. 224). In Rehnquist's view, it is "a desirable phenomenon" that federal judges are "reluctan(t) to decide a case against the government on an issue of national security during a war" (p.221). Rehnquist reached this conclusion after a highly selective review of American legal history from the Civil War through World War II – a review that omitted the many stories of federal judges who stood up to the Executive during times of war and crisis. And there are many.... Padilla and Gherebi fit squarely in that decision, and ought to be praised for their courage rather than derided as gasbaggery that is blind to the peril we face.