For some reason, however, Dworkin never bothers to consider the principal argument that the Bush administration actually does make in support of its decision not to accord Guantánamo Bay detainees the legal rights of domestic criminal process. That argument is also the strongest one: The detainees are not criminals subject to the criminal law but enemy combatants subject to the laws of war.

(Peter Berkowitz, “Illiberal Liberalism,” review of Is Democracy Possible Here? Principles for a New Political Debate, by Ronald Dworkin, First Things [April 2007]: 50-4, at 53)