American University Law Review Volume 61 | Issue 5 Article 3 2012 Prefering Order to Justice Laura Rovner Jeanne Theoharis Follow this and additional works at: http://digitalcommons.wcl.american.edu/aulr Part of the Courts Commons Recommended Citation Rovner, Laura, and Jeanne Theoharis. "Prefering Order to Justice." American University Law Review 61, no.5 (2012): 1331-1415. This Essay is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact
[email protected]. Prefering Order to Justice This essay is available in American University Law Review: http://digitalcommons.wcl.american.edu/aulr/vol61/iss5/3 ROVNER‐THEOHARIS.OFF.TO.PRINTER (DO NOT DELETE) 6/14/2012 7:12 PM PREFERRING ORDER TO JUSTICE ∗ LAURA ROVNER & JEANNE THEOHARIS In the decade since 9/11, much has been written about the “War on Terror” and the lack of justice for people detained at Guantanamo or subjected to rendition and torture in CIA black sites. A central focus of the critique is the unreviewability of Executive branch action toward those detained and tried in military commissions. In those critiques, the federal courts are regularly celebrated for their due process and other rights protections. Yet in the past ten years, there has been little scrutiny of the hundreds of terrorism cases tried in the Article III courts and the state of the rights of people accused of terrrorism-related offenses in the federal system.