Court refuses to hear Padilla appeal
Posted on April 3, 2006
Hat tip: Michelle Malkin
who points to SCOTUS Blog
The Supreme Court on Monday refused to hear the appeal of Jose Padilla, a U.S. citizen held for more than three years as an “enemy combatant.” The Court, however, declined to dismiss the case as moot, as the Bush Administration had urged. Only three Justices voted to hear the case, according to the order.
Three other Justices took the unusual step of issuing an opinion to justify the denial of review. They said that “there are strong prudential reasons disfavoring” Court review. He is due to go on trial on criminal charges, and “any consideration of what rights he might be able to [assert] if he were returned to military custody would be hypothetical, and to no effect, at this stage of the proceedings.”Kennedy wrote that “Padilla’s claims raise fundamental issues respecting the separation of powers, including consideration of the role and function of the courts, also counsels against addressing those claims when the course of legal proceedings had made them, at least for now, hypothetical. This is especially true given that Padilla’s current [civilian] custody is part of the relief he sought, and that its lawfulness is uncontested.”
In an opinion written by Justice Anthony M. Kennedy, and joined by Chief Justice John G. Roberts, Jr., and Justice John Paul Stevens, those three conceded that Padilla “has a continuing concern that his status might be altered again.” That, however, “can be addressed if the necessity arrives.”
Justices Stephen G. Breyer, Ruth Bader Ginsburg and David H. Souter said they would have heard the case (Padilla v. Hanft, 05-533).
Independent Conservative notes:
The Liberals who wanted to hear this case and probably would have allowed this enemy combatant to walk the streets again are Justices Stephen G. Breyer, Ruth Bader Ginsburg and David H. Souter.
The ACLU who have been disappointed before, are sure to be disappointed once again.
» Filed Under ACLU, News, War On Terror
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5 Responses to “Court refuses to hear Padilla appeal”
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Syndicate Me
Wow, what a lot of hate on your site. ou people are just balled up with frustrated fury, aren’t you? Does it make your powerless selves feel any better to think that some lunatic Muslim is going to get killed by the U.S. government? It’s never good when your government starts killing people. Dead, this deluded nutball will have a power and symbolism that he’d never have whilst alive. And he won’t be suffering every day like he would when locked in a hellish U.S. prison. But what never ceases to amaze me is the nastiness of right-wing Americans. You know, your country is racing head-first into fascism. It’s going to grind little people like you into poverty, whilst the rich folks at the top get richer and laugh at useful idiots such as those on this blog. I was born in the U.S. but I emigrated to Australia last year to escape your lot. You know what? It’s more peaceful and tolerant here. Life is pleasant. They follow ACLU principles in Oz, not fascist fanaticism. I’ll be smirking up my sleeve as the U.S. slips into its well-deserved implosion. Good luck!
Glad you moved, stay there.
“Wow, what a lot of hate on your site. ou people are just balled up with frustrated fury, aren’t you?”
“And he won’t be suffering every day like he would when locked in a hellish U.S. prison.”
Sounds like you really hate the guy bukko. I mean, to want to see him suffer like that as opposed to a quick death.
“I was born in the U.S. but I emigrated to Australia last year to escape your lot. You know what? It’s more peaceful and tolerant here. Life is pleasant”
You forgot to add that Australia is globally insignificant as well. Other leftist countries have claimed we are heading for destruction since “Nam. Funny how we still control guys like you.
Congrats on the Instalanche.
Hey Apostle (or should it be “Disciple” of GWB?) You have a more civil tone than most right-wingers but still suffer from the same triumphalist delusions of rabid religio’s. (They call your type “God-botherers” in Australia.)
You’re right that I don’t like Moussaoui. He wanted to kill lots of people. For that, he should rightly suffer in prison. Even card-carrying members of the ACLU like me (I signed up in 1988 after Ray-gun made it a campaign issue) want to see the guilty punished. I’ve spent a lot of time in prison. I’m a nurse (that’s how I could get a work visa to enter Australia) and I used to work in state prisons in Florida. What hellholes! No air conditioning in that humid heat, food that I wouldn’t bring home to my dog, endless screaming and degradation… Zaccy deserves that for decades. You death-clamourers are the ones who want to make it easy for him.
As for your comment about Australia being “globally insignificant” — so what? What good does it do YOU to be in the “significant” U.S. of A? Do you feel more important in some personal sense because you’re in a big, powerful country? That mindset is like people who feel like champions because the sports team in their town won some contest. It’s called “ego transferrence.” It allows people who don’t have much power to identify with something they perceive as more powerful. But in terms of impact on day-to-day life, it has no significance. You’re not richer and tougher because you live in a particular country unless you’re one of the people who has the power to kill the way President Cheney does. You’re just a small person who feels big.
I can tell you what life is like in the insignificant country of Australia. It’s easy, mate. People are relaxed here. They’re not as tense and angry as in the U.S. There are lots of immigrants here, Greeks, Italians, Lebanese, Vietnamese, way more Africans than I expected… and to a large extent, they all get along. The official watchword is is “multiculturalism.” It’s very politically correct here. Extremely ACLU. Racist comments are frowned upon. I’m not saying it’s perfect — Muslims acted the fool in Sydney in December and yobbo whites started a race riot — but that was regarded as a national shame. Overall, though, people agree to keep their differences buried and there’s social peace. I like it.
Lastly, as for “we still control guys like you” who do YOU control, really? You’re just a passenger on the ship called America. The big people at the top control you. I, on the other hand, have the money, skills and flexibility to control my life. I can go anywhere in the English-speaking world that I want. And I tell you mate, it’s better down here.
Good luck with the fascism that’s coming your way!