From Tena:

SCOTUS has been asked to hear the case of a Guantanamo detainee, and to overrule a decision by Bush nominee Roberts.

WASHINGTON – Lawyers for a Guantanamo detainee asked the Supreme Court on Monday to consider blocking military tribunals for terror suspects, and overturn what they called an extreme ruling by high court nominee John Roberts.

Roberts was on a three-judge federal appeals court panel that last month ruled against Salim Ahmed Hamdan, a Yemeni who once was Osama bin Laden’s driver.

Hamdan’s attorneys said in their filing with the justices that the appeals court had rejected long-standing constitutional and international law.

“Its decision vests the president with the ability to circumvent the federal courts and time-tested limits on the executive. No decision, by any court, in the wake of the Sept. 11, 2001, attacks has gone this far,” wrote Hamdan attorney Neal Katyal, a law professor at Georgetown University.

From what I can tell, the case hinges on the power of the executive to circumvent the constitution and the courts. The trial court found the executive did not have that power. The appellate court, including Judge Roberts, overturned the trial court’s ruling. No wonder Commander CooCoo Bananas nominated him. He apparently intends to support this Imperial Presidency idea that BushCo is pushing to the hilt.