If the Court were to extend its reach to the base, judges could begin managing conditions of confinement, interrogation methods, and the use of information.

This is not to condone torture, which is still prohibited by the Torture Convention and federal criminal law.

Al Qaeda operates by launching surprise attacks on civilian targets with the goal of massive casualties. Our only means for preventing future attacks, which could use WMDs, is by acquiring information that allows for pre-emptive action.

The Justices are currently considering a case, argued last month, which seeks to extend the writ of habeas corpus to al Qaeda and Taliban detainees at Guantanamo.

It is important to recognize the differences between the war in Iraq and the war on terrorism. The treatment of those detained at Abu Ghraib is governed by the Geneva Conventions, which have been signed by both the U.S. and Iraq.

If the Court were to extend its reach to the base, judges could begin managing conditions of confinement, interrogation methods, and the use of information.

Under the Geneva Convention, for example, a POW is required only to provide name, rank, and serial number and cannot receive any benefits for cooperating.

It has never demonstrated any desire to provide humane treatment to captured Americans. If anything, the murders of Nicholas Berg and Daniel Pearl declare al Qaeda's intentions to kill even innocent civilian prisoners.

In light of the Abu Ghraib prison scandal, critics are arguing that abuses of Iraqi prisoners are being produced by a climate of disregard for the laws of war.

Human-rights advocates, for example, claim that the mistreatment of Iraqi prisoners is of a piece with President Bush's 2002 decision to deny al Qaeda and Taliban fighters the legal status of prisoners of war under the Geneva Conventions.

Applying different standards to al Qaeda does not abandon Geneva, but only recognizes that the U.S. faces a stateless enemy never contemplated by the Conventions.

President Bush and his commanders announced early in the conflict that the Conventions applied.

Without territory, it does not even have the resources to provide detention facilities for prisoners, even if it were interested in holding captured POWs.

The effort to blur the lines between Guantanamo and Abu Ghraib reflects a deep misunderstanding about the different legal regimes that apply to Iraq and the war against al Qaeda.

Once the attacks occur, as we learned on Sept. 11, it is too late. It makes little sense to deprive ourselves of an important, and legal, means to detect and prevent terrorist attacks while we are still in the middle of a fight to the death with al Qaeda.

Congress's definition of torture in those laws - the infliction of severe mental or physical pain - leaves room for interrogation methods that go beyond polite conversation.

It urges policy makers and the Supreme Court to make the mistake of curing what could prove to be an isolated problem by disarming the government of its principal weapon to stop future terrorist attacks.

While Taliban fighters had an initial claim to protection under the conventions, they lost POW status by failing to obey the standards of conduct for legal combatants: wearing uniforms, a responsible command structure, and obeying the laws of war.

American soldiers had to guard prisoners on the inside while receiving mortar and weapons fire from the outside. Guantanamo is distant from any battlefield, making it far more secure.

Punishing abuse in Iraq should not return the U.S. to Sept. 10, 2001, in the way it fights al Qaeda, while Osama bin Laden and his top lieutenants remain at large and continue to plan attacks.

That is because the conflict with al Qaeda is not governed by the Geneva Conventions, which applies only to international conflicts between states that have signed them.

It is also worth asking whether the strict limitations of Geneva make sense in a war against terrorists.

A decision by the Supreme Court to subject Guantanamo to judicial review would eliminate these advantages.

We can guess that the unacceptable conduct of the soldiers at Abu Ghraib resulted in part from the dangerous state of affairs on the ground in a theater of war.

Nonetheless, Article 5 makes clear that if an Iraqi civilian who is not a member of the armed forces, has engaged in attacks on Coalition forces, the Geneva Convention permits the use of more coercive interrogation approaches to prevent future attacks.

First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.

As a member of this court I am not justified in writing my private notions of policy into the Constitution, no matter how deeply I may cherish them or how mischievous I may deem their disregard.

The court of last resort is no longer the Supreme Court. It's "Nightline."

I would not like to be the only woman on the court.

There are certain promises you make that are more sacred than anything that happens in a court of law, I don't care how many Bibles you put your hand on.

Towards the end of the Lord Chamberlain's era, when his hold was being loosened, private prosecutions began to happen. A member of staff at the Royal Court ordered to stop the play, and the police were brought in.

If in any divination the Tenth Card should be a Court Card, it shews that the subject of the divination falls ultimately into the hands of a person represented by that card, and its end depends mainly on him.

All of our affairs, since the union of crowns, have been managed by the advice of English ministers, and the principal offices of the kingdom filled with such men, as the court of England knew would be subservient to their designs.

One camp accepts the Court's limits on contributions but urges the reinstatement of spending caps - even if this requires a constitutional amendment subjecting political speech, if not pornography, to government regulation.

There is no person in this room whose basic rights are not involved in any successful defiance to the carrying out of court orders.

The court is like a palace of marble; it's composed of people very hard and very polished.

I always try to keep a pretty conservative demeanor on the court.

I didn't know how much I cared about having a woman on the court until the day there was a woman on the court.

And there had to be a dagger thrust in the heart of the left to tell them that you are no longer gonna give five years for a Smith Act prosecution or one year for Contempt of Court, but we're gonna kill ya!

I don't play full court anymore. I just play half-court.

Many words are not wanting to show that the particular view of each court occasioned the dangers which affected the public tranquillity; yet the whole is charged to my account. Nor is this sufficient.

You get a lawyer whether you're in a military tribunal or whether you're in a federal court, number one. The attorney general decided that the court with the biggest - with the greatest venue, with the best jurisdiction was the New York court. That was the right decision to make.

All the culture war issues will be settled by the court.

I got the chance to argue my first case in Supreme Court, a criminal case arising in Alabama that involved the right of a defendant to counsel at a critical stage in a capital case before a trial.

If it gets to the Supreme Court, I'll have the directors of every museum in the country as expert testimony that my work is legitimate art.

I could see flames from the windows of my chambers. For the next three or four days we had major rioting here in Washington and I stayed at the court day and night.

Five guys on the court working together can achieve more than five talented individuals who come and go as individuals.

The family is a court of justice which never shuts down for night or day.

Most people compliment me on maintaining my femininity while I'm on the court. People like the fact that I model. My fans or little girls always say they want to play sports, but also want to be a model like me and I think that's great.