 Therefore, not all "paths" were closed.Based on this, "Ex parte McCardle" may only mean that Congress can regulate which method is used to petition for "habeas" as long as some "path" stays open.This distinction could be important since Congress has tried to foreclose all "habeas" petitions by Guantanamo detainees in response to "Hamdan v. Rumsfeld" in the "Military Commissions Act of 2006".