On the final day of its 06-07 term, the Supremes flip-flopped creating a cliff-hanger: Reversing its April 2nd denial of cert., the Supreme Court will review the D.C. Circuit's Boumediene v. Bush and Al Odah v. U.S. decisions, both of which upheld the Military Commissions Act of 2006. Briefs will be due after the D.C. Circuit addresses the first unlawful combatant "status hearing" review (expected this summer), with high court arguments likely early in the 07-08 term.
The shift is highly unusual, and -- as Orin Kerr reasons -- "probably a pretty good sign that a reversal is likely." In other words, the groundhog saw its shadow--meaning 12 more months of unsettled law.
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