I'm going to leave the legal subtleties to others.
Instead, I want to note the lead defense attorney on the case. His name is Charles Swift and he is a Lt. Commander in the U.S. Navy.
It seemed a bit odd to see a man in dress blues standing in front of the Supreme Court talking about winning a case against the current administration. Swift was gracious with none of the usual lawyerly hubris that accompanies these circuses.
Even more striking was the comments by Swift after the press conference. Interviewed by a CNN reporter, he was asked his feelings about arguing a case essentially against his superior, the commander in chief, in the chain of command.
Swift pointed out that it had happened several times in history and that he was, like President Bush, bound to defend the Constitution. He concluded by emphasizing that his participation and a peaceful resolution to a difficult problem exemplified the beauty of our system.
Amen, Commander Swift.
These are cynical times and it's easy to see only the difficulties. In the midst of all the wailing and gnashing of teeth, it is important to remember that despite all its flaws, our form of government is still the best anyone has ever devised.