home

Supreme Court Won't Hear Padilla Case

By TChris, Section Court Decisions
Posted on Mon Apr 03, 2006 at 08:31:22 AM EST
Tags: (all tags)
Share This: Digg! StumbleUpon del.icio.us reddit reddit

by TChris

After arguing that the government is entitled to hold Jose Padilla as an enemy combatant, the Justice Department decided to prosecute him on criminal charges, much to the displeasure of the Fourth Circuit, which wondered whether the Justice Department changed its theory to avoid Supreme Court review of Padilla's claim that his detention as an enemy combatant was unconstitutional. If so, the strategy succeeded. The Court decided today, by a 6-3 vote, not to review Padilla's case.

In dissent (pdf), Justice Ginsberg pointed out that the government hadn't retracted its assertion of authority to detain indefinitely a U.S. citizen arrested on U.S. soil based on an "Executive declaration" that the detainee was an enemy combatant at the time of his arrest. She considered the issue ripe for decision despite the government's flip-flop.

Although the Government has recently lodged charges against Padilla in a civilian court, nothing prevents the Executive from returning to the road it earlier constructed and defended.

Justices Souter and Breyer also dissented from the decision to deny review.

< Soprano's Open Thread: Show Four | Congrats to the Koufax Liberal Blogging Award Winners >

  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


    • Display: Sort:
    Supreme Court Won't Hear Padilla Case | 7 comments (7 topical)
    Re: Supreme Court Won't Hear Padilla Case (none / 0) (#1)
    by squeaky on Mon Apr 03, 2006 at 09:54:19 AM EST
    Reason has become a scarce commodity in the SC as this case cries out for review. Do we feel safe now? Statistically we are more safe from terror attack than being pulled off the street at the presidents pleasure. Makes you think about the nature of 'terrorism' and who the biggest threat to America really is.

    Re: Supreme Court Won't Hear Padilla Case (none / 0) (#2)
    by Punchy on Mon Apr 03, 2006 at 10:12:16 AM EST
    From a pure legal standpoint I ask this question: What then prevents the Pres. from labeling anyone an "enemy combatant" and hold them indefinitely? And when challenged, then charge criminally, so prevent a legal challenge? When said person is found innocent criminally, why wouldn't the Pres. have the power to repeat the process? Isn't the President, if allowed to unilaterally declare anyone a "EC", legally a dictator? I understand that this scenerio is unlikely, but from a pure legal standpoint, isn't this the end result? Isn't this what the 4th COA realized was happening?

    Re: Supreme Court Won't Hear Padilla Case (none / 0) (#3)
    by marty on Mon Apr 03, 2006 at 11:02:55 AM EST
    "What then prevents the Pres. from labeling anyone an "enemy combatant" and hold them indefinitely?" ABSOLUTELY NOTHING! This fact seems to escape too many people. I expect the Bush ass-kissers not to get it, but how many people realize that this is exactly the case the Administration is making....that the President's power to declare who is an "enemy combatant" (a term made up precisely to avoid liability for war crimes) is "not subject to review by any court". Wake up, folks.........we are in the grip of a dictatorship now and it's getting worse by the day.

    Re: Supreme Court Won't Hear Padilla Case (none / 0) (#4)
    by Talkleft Visitor on Mon Apr 03, 2006 at 11:16:56 AM EST
    The most frightening aspect of this recent Supreme Court action is that it leaves the 4th Circuit decision backing the administration in place. They have said that Padilla's detention is OK, and the venue rule of habeas petitions established in Padilla's first U.S. Supreme Court opinion, means that the U.S. can always choose to detain people in South Carolina where the 4th Circuit Padilla precedent is binding law. Insuring defeat for any habeas petitioner there absent losing litigation at the trial court and appellate court level followed by a win at the U.S. Supreme Court level. Direct habeas petitions to the U.S. Supreme Court are really the only viable review for anyone in Padilla's shoes again. Padilla's fellow prisoner, Mr. Al-Marri, by the way, is still detained as an ene