Heres the conclusion of Chief Justice John Roberts dissent, pp. 27-28.
So who has won? Not the detainees. The Courts analysis leaves them with only the prospect of further litigation to determine the content of their new habeas right, followed by further litigation to resolve their particular cases,followed by further litigation before the D. C. Circuit where they could have started had they invoked the DTA procedure. Not Congress, whose attempt to determine through democratic meanshow best to balance the security of the American people with the detainees liberty
interests, see Hamdan v. Rumsfeld, 548 U. S. 557, 636 (2006) (BREYER, J., concurring), has been unceremoniously brushed aside. Not the Great Writ, whose majesty is hardly enhanced by its extension to a jurisdictionally quirky outpost, with no tangible benefit to anyone. Not the rule of law, unless by that is meant the rule of lawyers, who will now arguably have a greater role than military and intelligence officials in shaping policy for alien enemy combatants. And certainly not the American people, who today lose a bit more control over the conduct of this Nations foreign policy to unelected, politically unaccountable judges.
I respectfully dissent.