Considerable attention is being paid in Congress, the media and the blogosphere to the use of drones – remotely piloted aircraft — against U.S. citizens and others. Thoughtful observers have suggested that decisions whether to launch drone attacks on U.S. citizens should be subject to judicial review, possibly in a "national security court" (a term that for many has unwanted connotations, like the unfortunately-named Department of Homeland Security).

A former acting U.S. solicitor general has suggested a variant: an internal "drone court" within the Justice Department, in which staff lawyers taking sides would argue for and against proposals to use drones and then advise the president. We are skeptical of both approaches.