US DoJ reacts to Hamdan v Rumsfeld (badly)

Buried in this article on the SMH is this quote from a DoJ spokeman

"We vigorously disagree with the court's decision, and will seek an emergency stay of the ruling and immediately appeal," Justice Department spokesman Mark Corallo said.

He said the government stood behind President George W Bush's determination that the Geneva Conventions did not apply to members of al-Qaeda.

In the ruling "the judge has put terrorism on the same legal footing as legitimate methods of waging war".

They just don't get the rule of law do they ? The constitution is supreme, and the interpreters of the constitution are the courts. NOT the executive. So it doesn't matter how determined the President gets. (ps - this applies in Australia as well...)

I don't have any other source of this story other than the SMH, it's not on the official DOJ Press releases website

How, or will the US executive try again by :

• taking it back to Congress to try to regig the rules ? I don't know if merely changing the rules down there will help, it's a 185 judgement that I haven't read yet. It may be beyond redemption - dunno.
  
• get the case reheard by the FULL bench of SCOTUS ? Remember Chief Justice Roberts recused himself because he sat in an earlier appeal of the same case lower down (and held for the executive) ; so that still would make it 5:4
• option c - dunno ?
  

Who knows ?- people say strange things when they are upset, and particularly so when their world-view is challenged, or in this case slapped down - big time.