Supreme Court Rules Against Padilla
Monday April 3, 2006
In a 6-3 decision, the Supreme Court today ruled against Jose Padilla, refusing to hear his appeal of an ruling that the Administration can hold a US citizen in a military prison indefinitely and without charge. Those dissenting were Ruth Bader Ginsburg, David H. Souter and Stephen G. Breyer. Padilla was moved to a civilian prison in November.
SCOTUS Blog writes that the Court "declined to dismiss the case as moot, as the Bush Administration had urged." In addition, "it told all courts to stand ready to react quickly if the government again shifted Padilla's status or custody, in order to protect the writ of habeas corpus."
The Court has left in effect a 4th Circuit Court rulilng that the President can arrest an American citizen inside the borders of the country and detain him indefinitely by labeling him an "enemy combatant."
The Court has discussed the Padilla case in eight closed-door sessions since mid-January, according to the WaPost, and "took the unusual step of making public the vote count" on the appeal. In addition, three Justices -- Anthony M. Kennedy, Chief Justice John G. Roberts, Jr., and John Paul Stevens -- wrote an opinion explaining the dismissal, which legal scholars also characterized as unusual. Ginsburg (pdf) warned: "Nothing prevents the Executive from returning to the road it earlier constructed and defended."
Timeline
Padilla, an American citizen, was arrested in Chicago on 8 May 2002. In 2004, the Supreme Court voted 5-4 to dismiss his case on a technicality related to venue. A South Carolina judge ruled in Padilla's favor, but the U.S. Court of Appeals for the 4th Circuit upheld his detention. He was held without charges until November 2005, when the Bush Administration transferred him to a civilian jail.
It was this transfer that the Court cited as the rendering "hypothetical" his appeal of Adminstration authority to detain him indefinitely in a military prison, as an enemy combatant.
The November indictment [Padilla v. Hanft, No. 05-533 (pdf)] contains no specific acts of terrorism, such as plotting to detonate a dirty bomb, which had been alleged in earlier news reports. Instead, it asserts he "conspired to commit terrorist acts abroad and offered material support to al-Qaeda."
Also, according to the Post, the only other US citizen charged with being an enemy combatant, Yaser Esam Hamdi, held dual citizenship with Saudi Arabia. The Supreme Court granted him access to a lawyeer and he was subsequently returned to Saudi Arabia without undergoing a trial in the United States. Nor was he jailed in Saudia Arabia.
See also:
SCOTUS Blog writes that the Court "declined to dismiss the case as moot, as the Bush Administration had urged." In addition, "it told all courts to stand ready to react quickly if the government again shifted Padilla's status or custody, in order to protect the writ of habeas corpus."
The Court has left in effect a 4th Circuit Court rulilng that the President can arrest an American citizen inside the borders of the country and detain him indefinitely by labeling him an "enemy combatant."
The Court has discussed the Padilla case in eight closed-door sessions since mid-January, according to the WaPost, and "took the unusual step of making public the vote count" on the appeal. In addition, three Justices -- Anthony M. Kennedy, Chief Justice John G. Roberts, Jr., and John Paul Stevens -- wrote an opinion explaining the dismissal, which legal scholars also characterized as unusual. Ginsburg (pdf) warned: "Nothing prevents the Executive from returning to the road it earlier constructed and defended."
Timeline
Padilla, an American citizen, was arrested in Chicago on 8 May 2002. In 2004, the Supreme Court voted 5-4 to dismiss his case on a technicality related to venue. A South Carolina judge ruled in Padilla's favor, but the U.S. Court of Appeals for the 4th Circuit upheld his detention. He was held without charges until November 2005, when the Bush Administration transferred him to a civilian jail.
It was this transfer that the Court cited as the rendering "hypothetical" his appeal of Adminstration authority to detain him indefinitely in a military prison, as an enemy combatant.
The November indictment [Padilla v. Hanft, No. 05-533 (pdf)] contains no specific acts of terrorism, such as plotting to detonate a dirty bomb, which had been alleged in earlier news reports. Instead, it asserts he "conspired to commit terrorist acts abroad and offered material support to al-Qaeda."
Also, according to the Post, the only other US citizen charged with being an enemy combatant, Yaser Esam Hamdi, held dual citizenship with Saudi Arabia. The Supreme Court granted him access to a lawyeer and he was subsequently returned to Saudi Arabia without undergoing a trial in the United States. Nor was he jailed in Saudia Arabia.
See also:
Comments
No comments yet. Leave a Comment