Voting in favor of the military tribunals were three justices: Antonin Scalia, Samuel Alito and Clarence Thomas. For the first time in his 15 years on the court Thomas read part of his dissent from the bench. He said the court’s decision would 'sorely hamper the president's ability to confront and defeat a new and deadly enemy.’” Chief Justice John Roberts abstained from the case because he had ruled on the case in favor of the military tribunals when he served as a federal judge. Unknown at the time of that ruling was that Roberts was already being interviewed by the White House for a seat on the Supreme Court.