No disappearance by government fiat, panel says

The U.S. Court of Appeals for the Fourth Circuit rules against the Bush administration on invoking "enemy combatant" status. The case involves Qatari citizen al-Marri being held in Charelston, SC.

“To sanction such presidential authority to order the military to seize and indefinitely detain civilians,” Judge Motz wrote, “even if the president calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution — and the country.”

“We refuse to recognize a claim to power,” Judge Motz added, “that would so alter the constitutional foundations of our republic.”

Those foundations are due for some badly needed repair. The Bush administration has done for them what Katrina did for the Gulf Coast.