"In free and democratic societies, my right and your right to remain outside the state's detention centers does not depend solely on the judgment of the state's executive. It really is that simple. And the legislation passed last week eviscerates that right fully. All that stands between us and the worst tyrannies in human history are the non-legal norms of the background public culture and the possibility that the courts may at some point strike down portions of this legislation. How long these forces may provide protection from tyranny is hard to predict. But in a genuinely democratic society, with robust commitment to the rule of law, we shouldn't have to engage in this guessing-game."