I am so happy to be wrong on my prediction that the case would go the other way. Maybe I am just too negative. I have not read the opinion yet but here is the NY Times article and it applies to non-US detainees. The article says that Kennedy’s 5-4 majority opinion says that “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.” Yay! Someone gets it. Not another Korematsu to look back on with shame.
Now to read the opinion – it is not even up on the Supreme Court site as I type this, but I will post a link as soon as I have one.