Obvious: "'We cannot simply suspend or restrict civil liberties until the War of Terror is over, because the War on Terror is unlikely ever to be truly over,'" Judge Gerald Tjoflat wrote for the three-member court. 'September 11, 2001, already a day of immeasurable tragedy, cannot be the day liberty perished in this country.'"
Surprising:
Judge Tjoflat is not on the Ninth Circuit.
