I remember we had a fairly heated discussion about this a while back:  whether the US Citizens who get designated as enemy combatants have rights.  The court of appeals for the fourth circuit overturned the district court's ruling that a US Citizen who has been designated as an enemy combatant by the executive is entitled to privately meet with his counsel.
Here is the opinion: [url]http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=026895.P[/url]
The court then goes not to say the courts need to be involved in this process somehow, but they are not sure how, and they do not want to step on any executive toes.  They then kick the case back to to poor district court judge, and hope he will figure it all out.

I for one think they are being pretty sensible.  The governement argued that the case should be dismissed outright and that it is none of the court's business.  They judges say:
In other words, they are not going to give the executive carte blanche, but they are not going to hurt the war effort either.

Right on.