[truth_seeker]

It looks like the SC is NOT going to shoot down the Administrations pursuit of justice against terrorists.

Note Ginsburg, Breyer and Souter against the administration. GHW Bush was sleepwalking when he appointed Souter.

[AmishDude]

6-3 is "a divided court". Nice work, AP.

[antiRepublicrat]

Padilla was moved in January to Miami to face criminal charges, and the government argued that the appeal over his indefinite detention was now pointless.

The administration only finally brought him to justice in order to avoid a ruling on the constitutionality of their actions. What were they afraid of?

[Al Simmons]

GHWB was, unfortunately, sleepwalking throughout the entirety of his administration - at least domestically - its what got him defeated....

[AmishDude]

Padilla's case was different. It asked the court to clarify how far the government can go when its hunt for terrorists leads to Americans in this country.

I remember an interview with Padilla (why don't we use his Muslim name?) and he said Jose was caught "on the streets of O'Hare airport".

He was arrested at a port having returned from an international destination. Good enough for me.

[muawiyah]

THere was no surprise that Ginsdilla, Breyerdilla and Soupad wanted their brother terrorist/terrorist sympathizer given appeal rights of some sort.

[antiRepublicrat]

Note Ginsburg, Breyer and Souter against the administration. GHW Bush was sleepwalking when he appointed Souter.

The question wasn't whether the detention was legal, but whether the court should address the issue of its legality. The government finally putting him on trial removed the legal need for this case, but those three justices wanted the issue decided now rather than wait for the next case.

I disagree with those three. The government's move was brilliant, as it changed the constitutionality into an academic exercise, and courts are supposed to decide cases, not academic exercises.

[kimosabe31]

And three other court members, including Chief Justice John Roberts, said that they would be watching to ensure Padilla receives the protections "guaranteed to all federal criminal defendants."

Padilla should be treated as an enemy combatent. Did conservatives get screwed again on the appointment of Roberts??

[stevem]

Is there some way to get Ginsberg to resign or pass on before Bush becomes an utter lame duck?