SCOTUS rules against Bushco in Hamdan v. Rumsfeld. Which I keep wanting to say is Hamdan v. Rushdie. I don't understand that bit of Freud, there.
So, uhm, yeah. Military tribunals not authorized by Congress are, in fact, unconstitutional. Go figure. Shocking, treasonous result, there.
Of course, if Breyer and Souter weren't total Commies, the Supremes would've ruled that military tribunals are okay for pissing in the pool.
Hang in there, Mister Justice Stevens.