The author refers to a March 10, 2009, article by Andrew C. McCarthy in National Review Online, "The War is Over. Federal courts have just surrendered the war against radical Islam" [in al Odah v. United States]:

http://article.nationalreview.com/?q=ZD ... iMTc=#more


Hostile Alien Case Exposes Danger of Activist Judiciary
Posted in: A.J. DiCintio
By A.J. DiCintio
Wednesday, March 18, 2009 - 2:05:41 PM ET

Of the many troubling realities regarding judicial activism, one is that it is always a challenge to get the mass of citizens to enlist in a committed fight against it — despite the self-evident truth of the ideology’s dictatorial nature.

To make matters worse, the difficulty of that task rises exponentially during booms and hard times.

But keenly aware of the importance of keeping up the battle against the abomination, Andrew C. McCarthy (National Review) fired off an insightful, resounding shot when he recently warned that “Federal courts have just surrendered in the war against radical Islam.â€