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Born at the Crest of the Empire

Sunday, December 18, 2005

Padilla at the Supreme Court

If you're watching the Padilla case, related to the above, the NYTimes has a good story covering the current state of play. The Bush administration is trying desperately to keep the Supreme Court from ruling on the legality of Padilla's imprisonment. And more amazingly, the Fourth Circuit Court of Appeals is revisiting its previous ruling that Padilla was arrested and detained legally.

Instead, the appeals court ordered the sides to submit briefs on what should become of the September decision "in light of the different facts that were alleged by the president to warrant Padilla's military detention and held by this court to justify that detention, on the one hand, and the alleged facts on which Padilla has now been indicted, on the other."
This is a case we should all watch as it would give judicial backing as to whether the President has the ability to seize US citizens and hold them solely at his(or her) discretion.

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