Oh geez, TNR:

Benjamin Wittes: Well, actually, what the D.C. Circuit did is very close to the vision of judicial review that I outline in my book, which is to say, being serious on holding the executive branch to statutorily defined guidelines for detentions, but not a playing a role in designing the legal architecture in the area. Now, on the merits of the case, I think the administration never should have identified these Uighurs as enemy combatants. These are people whom the administration has not argued are fighting against us. So, I think this is an example of what happens when you don’t design your policies well.

So the only problem is that the Bush administration didn’t design their policy to include the Uighur people!  Sigh.