TBS was a summer of fun, but maybe they could crawl through the Quigley with me in February just for old times sake.

I struggle with how judges can approach the AUMF (which granted I probably haven't read in a few years now so my memory is quite groggy) and not think it authorizes the detention of both lawful and other combatants. Conducting war by different means is still just that, war. And the Scalia - Stevens pairing was certainly interesting.

Now as for following through on having a "neutral decisionmaker" not necessarily a judge, I'm sure we'll eventually see something... and that something will be run up the legal flagpole for review in short order, but the military justice system should be able to readily adapt to that. It actually makes sense, probably by carving someone out of the regular chain of command and giving them that job, the harder question would be who would be the appeal authority for that initial decision.