Will it be 5-3 next time?

Glenn Greenwald at Unclaimed Territory lays out the implications of the Supreme Court's ruling against trying and convicting Guantanamo prisoners by military tribunal. Read The Significance of Hamdan v. Rumsfeld.

The vote would most assuredly would have gone 5 to 4 if Chief Justice Roberts had not already ruled in favor of the Bush Administration in a lower court ruling.

These kinds of victories won't last long if the Republicans continue to control the Senate as Greenwald points out and is well known.