Jack Goldsmith notices an ironic consequence of lawsuits attempting to limit executive power in the war on terror:
[T]here is no doubt that [Guantanamo, detention, etc.] are now lawful and legitimate practices within the American constitutional system. This is partly a result of the lawsuits. And it is partly because Congress often sided with the president (albeit with restrictions) when it was forced to exercise its national security responsibilities. The presidency was empowered to exercise its military prerogatives because the other branches of government considered the matter and, with caveats, told the President he could. Crucially, and in part as a result of deliberations in Congress and the courts, the executive branch’s prosecution of the war on terror today enjoys the widespread support of the American people.