Infiltration by litigation

One of the best ways to spot glaring problems with the solution to any problem, especially those solutions that are supposed to be applied universally, is to ask what would happen if you increased the magnitude of the problem. That's just what Eugene Volokh has done in examining the Supreme Court's decision on enemy combatants. He worries, quite rightly, that this decision would appear to provide a large burden on our military resources in time of war with very little justification.