"It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing to be done.
This should be shocking not only to judges, but to the intuitive sense of liberty that Americans removed far from our courthouses still hold dear."
From the court’s mouth itself:
"It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing to be done.
This should be shocking not only to judges, but to the intuitive sense of liberty that Americans removed far from our courthouses still hold dear."
https://storage.courtlistener.com/recap/gov.uscourts.ca4.178400/gov.uscourts.ca4.178400.8.0.pdf