What is the role of the judicial branch in these types of decisions?
I have done some extensive writing for the Supreme Court and the Supreme Court historical society on the court in the wartime. And one of the things that you discover about the court in wartime is they like to be quiet. They like to speak after the fact because they recognize that under our constitutional system the kinds of expeditious judgement that has to be made has been allocated not to them by and large to the political branches–to congress and the president. Justice Jackson I thought put it well. He said during the infamous interment cases during world war two he said the thing that concerns me most about these cases is whether we would involve ourselves and write in such a way that we would either undermine the necessary steps that the military must take or that we would write an opinion that would bless the military actions and would lie around as he put it like a loaded gun to be used next time in a wrongful way. So the court likes to stay its hand. Well the Supreme Court is
