Upholding the Constitution in the War Against Terror: As reported here and elsewhere, the Bush Administration had two setbacks in federal court today. The Second Circuit of Appeals held that "the President does not have the power under Article II of the Constitution to detain as an enemy combatant an American citizen [Jose Padilla] seized on American soil outside a zone of combat."

The opinion also noted: "As this Court sits only a short distance from where the World Trade Center once stood, we are as keenly aware as anyone of the threat al Qaeda poses to our country and of the responsibilities the President and law enforcement officials bear for protecting the nation. But presidential authority does not exist in a vacuum, and this case involves not whether those responsibilities should be aggressively pursued, but whether the President is obligated, in the circumstances presented here, to share them with Congress." [see also, here]

Meanwhile, the Ninth Circuit held that because "Any honest assessment of the nature of United States' authority and control in Guantanamo today allows only one conclusion: the U.S. exercises all of 'the basic attribute[s] of full territorial sovereignty,' the feds cannot claim otherwise and resist court review of those being confined there. This matter will ultimately be decided by the Supreme Court by next June.

Interesting Profile: The Ninth is known for its liberals, and the most infamous of them all wrote the latter decision, but it also has its share of conservative/libertarians stars. Top is surely Judge Alex Kozinski, who is profiled in this interesting article. It suggests his formalism, concern for strict procedure, even in capital cases, but also shows his complexity. One notable excerpt:

Almost every year, the judge accepts an assignment in trial court so his law clerks can see lawyers and litigants in action. In 1988, he had to sentence 23-year-old Catherine Ponce, who had pleaded guilty to possessing five kilograms of cocaine. At her sentencing hearing, Ponce sobbed out her story: She met a well-dressed man on a cross-country plane trip. He promised her $50,000 and a Mercedes to set up a cocaine deal. She did. The man turned out to be a federal agent. ...

"I'd had my epiphany," Kozinski said with a fleeting smile. "It's more complicated, though. There she was in front of me with her family. I just felt like, having set her on this track, I had a responsibility to her." The prosecution did not appeal the sentence a second time. Catherine Ponce stayed clean, got married, and had a baby.

[Apparently inspired by a personal near tragic mistake of his own, the judge did not give her the ten years that was available, but only a short sentence. The very fact an appellate judge stepped down to the wilds of the trial bench like this is impressive. If only everyone had to do it!]

Happy Birthday ... Katie Holmes. See her in the enjoyable holiday (Thanksgiving) movie, "Pieces of April." While you are at it, perhaps you'd like "Fever Pitch," based on the book by the author of "About A Boy." A quirky British film about a woman who loves someone who is crazy about football (soccer).

Notable line: Paul Ashworth: May I smoke?

Sarah Hughes: No. You can stay the night, though, if you want.