On Tuesday, the Obama administration asked the D.C. Circuit Court to hold en banc review of its claim that Congress has the power to make war crimes retroactive. They are worried about the effect of the panel’s decision in Hamdan v. United States, where the court ruled that Congress did not have the power in 2006 to create the crime of giving “material support” to terrorism. If en banc review is denied, the government has ninety days to ask the Supreme Court to review the case. For much more on this story, see SCOTUSblog’s coverage.