EmptyWheel has up a post on Hamdan decision and its practical effect on torture by the US government. It's worth a full read, and you should do so, but the bottom line is this - the administration can ignore it if they want, but the people who actually do the torture may find themselves hauled up in front of US civilian courts, because the war Crimes Act makes breaking Article 3 a crime that US courts have jurisdiction over.

So, maybe some of the administration's torturer's may realize that obeying orders won't stand up in court - just like it didn't at Nuremburg. Obeying an illegal order makes you culpable.

Of course, as Marcy points out - at this point Justice probably won't press charges - but elections happen, and 2009 ain't that far from now when you're looking at life in the slammer.

But go read, the analysis, as usual, is excellent and spits right along the joints. Nobody is better at fine grain analysis than Marcy.