case to say whether we think this law is unwise, or even asinine," Stewart had written; "[w]e are asked to hold that it violates the United States Constitution. And that, I cannot do." Military tribunals In Hamdan v. Rumsfeld, Roberts was part of a unanimous circuit panel overturning the district court ruling and upholding military tribunals set up by the Bush Administration for trying terrorism suspects known as enemy combatants. Circuit Judge A. Raymond Randolph, writing for the court, ruled that Salim Ahmed Hamdan, a driver for al-Qaeda leader Osama bin Laden, could be tried by a military court because: the military commission had the approval of the United States Congress; the Third Geneva Convention is a treaty between nations and as such it does not confer individual rights and remedies enforceable in U.S. courts; even if the convention could be enforced in U.S. courts, it would not be of assistance to Hamdan at the time because, for a conflict such as the war against Al-Qaeda (considered by the court as a separate war from that against Afghanistan itself) that is not between two countries, it guarantees only a certain standard of judicial procedure without speaking to the jurisdiction in which the prisoner must be tried. The court held open the possibility of judicial review of the results of the military commission after the current proceedings ended. This decision was overturned on June 29, 2006, by the Supreme Court in a 5–3 decision, with Roberts not participating due to his prior participation in the case as a circuit judge. Environmental regulation Roberts wrote a dissent in Rancho Viejo, LLC v. Norton, 323 F.3d 1062, a case involving the protection of a rare California toad under the Endangered Species Act. When the court denied a rehearing en banc, 334 F.3d 1158 (D.C. Cir. 2003), Roberts dissented, arguing that the panel opinion was inconsistent with United States v. Lopez and United States v. Morrison in that it incorrectly focused on whether the regulation substantially affects interstate commerce rather than on whether the regulated activity does. In Roberts's view, the Commerce Clause of the Constitution did not permit the government to regulate activity affecting what he called "a hapless toad" that "for reasons of its own, lives its entire life in California." He said that reviewing the panel decision would allow the court "alternative grounds for sustaining application of the Act that may