[I]n Boumedienne, the President is not claiming unilateral authority; he has worked with the other political branch of government to produce statutory law regulating the rights of Guantanamo detainees. Nor does the MCA purport to oust the jurisdiction of the courts. Although it eliminates the formal habeas corpus remedy, it substitutes in its place a new procedural regime, whereby Gauntanamo detainees get judicial review of the lawfulness and evidentiary basis for their detentions in the D.C. Circuit (and, as a discretionary matter, in the U.S. Supreme Court).More on the oral argument later.
ADDED: SCOTUSblog is heavily covering the story. The oral argument is about to play here on C-Span3. And here's an early report of the argument:
A lawyer for the detainees at Guantanamo Bay underwent a barrage of questions Wednesday from Chief Justice John Roberts and Justice Antonin Scalia, with the attorney portraying the case as a fundamental test of the U.S. system of justice....UPDATE: You can listen at the C-Span link now.
MORE: Here's Marty Lederman's view of the argument. And here's the MP3 of the oral argument at Oyez.
AND: I was especially struck by Justice Breyer, speaking from 50:44 to 52:51.