Justice Sandra Day O'Connor ... and seven other justices held that the detention of Yaser Esam Hamdi, a native-born United States citizen seized in Afghanistan in 2001, was invalid for constitutional or statutory reasons. Only Justice Clarence Thomas dissented from that basic position.
Justice O'Connor wrote that the campaign against terrorism notwithstanding, "a state of war is not a blank check for the president when it comes to the rights of the nation's citizens."
--New York Times
Even Scalia wouldn't vote with the administration. Only Thomas.
Now I'm more certain than ever: If Bush is reelected, Thomas is going to be his pick to replace Chief Justice Rehnquist.