I just posted this elsewhere but it bears repeating.
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Your piece states "Until last week, the law had been that there were some places in the world where American courts had no jurisdiction." Not so fast my scholarly friend. As far as the powers of US Courts extending to Guantanamo detainees, the Constitution of these United States says in relevant part (article III, section 2) that it does.
Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials
(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.)
Cases against Guantanamo detainees are controversies to which the US is a party. Therefor the court has jurisdiction, no legislating from the bench, no invention of law required. It's in the plain language of the Constitution... strictly construed. Ya se?
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