You seem to have a lot more confidence in congress than i do. I suspect that You are right. It will depend on the process. What percentage of congress will have to vote for a resolution to authorize the Executive branch to do the work of the Executive branch? 51% it will pass. 67% it will likely not pass.
Besides you are expressing the view of one of the majority. Not all.
One justice stated that the prisoners do fall under the protection of the Geneva convention. IF that becomes the prevailing view then forget about it.