The Third Strike

Arthur Silber has a thorough treatment of the latest in the Padilla case. There’s good news and bad news:

    The good news is the Supreme Court will not have an opportunity in the near future to declare that the president has dictatorial powers. That’s very good news in one sense, and it shouldn’t be underestimated. The bad news is that the Court also will not have the opportunity to say that he doesn’t have such powers. That’s the risk the administration wasn’t willing to take.

Read the whole thing.