Lots of talk about the "rule of law", but we're forgetting the basis of our common law. The reason it's called"common" is because the judiciary is supposed to meld the laws with common sense. In that, we differ from France or Germany for example, who have civil law in which everything is carefully codified and the judiciary is simply a rubber stamp applying the fixed penalties and rewards; that's why we have lay juries and they don't. The Supreme Court should have taken into consideration the way in which Kadr got himself into trouble. Sure the government was lax in getting him away from the Americans, but if you jump into a lake do you then sue the rescuers because they weren't fast enough? This decision isn't the rule of law, it's the rule of lawyers. Arguing logics and precedents in isolation to the point of absurdity without an iota of common sense.