The judges on the Second Circuit sounded skeptical of the validity of the Bush Administration's policies on "enemy combatants" and indefinite detentions.

Judge Rosemary Pooler, who presided over the two-hour, 15-minute hearing [said]

"As terrible as 9/11 was, it didn't repeal the Constitution."

The Government at one point argued that "the congressional resolution authorizing the use of military force to respond to the September 11 attacks extended to U.S. citizens on American soil to prevent further attacks or for intelligence gathering."

In response, Judge Barrington Parker said,

If the court upheld that argument, "We would be affecting a sea change in the constitutional life of this country."

Bottom line according to the CNN article:

A federal appeals court panel on Monday cast doubt over whether President Bush has the authority to designate an American citizen an "enemy combatant" and detain him indefinitely without criminal charges.

Newsday also says the Court put the Government on the defensive.

Update: Analysis by Daily MoJo and Philadelphia appellate attorney Peter Goldberger, in the comments section.