Justices Are Urged to Dismiss Padilla Case - NYT

[maddezmom]

WASHINGTON, Dec. 17 - It would be "wholly imprudent" for the Supreme Court to hear Jose Padilla's challenge to his military detention as an enemy combatant, the Bush administration told the court in urging the justices to dismiss Mr. Padilla's case as moot now that the government plans to try him on terrorism charges in a civilian court.

In a brief filed late Friday, the administration argued that Mr. Padilla's indictment last month by a federal grand jury has given him the "very relief" he sought when he filed a petition for writ of habeas corpus in federal court. Any Supreme Court decision now on his petition, which a federal appeals court rejected in September, "will have no practical effect" on Mr. Padilla, the brief said.

Lawyers for Mr. Padilla, a United States citizen who was arrested at O'Hare airport in Chicago in May 2002 and transferred to military custody, filed his Supreme Court appeal in October. Ordinarily, the court would have acted by now, but the justices gave the government until Friday to file its response. Mr. Padilla's lawyers will now have a chance to respond to the administration's brief before the court decides early next year whether to hear the case.

As the administration filed its Supreme Court brief, Mr. Padilla's five-member legal team filed a brief with the United States Court of Appeals for the Fourth Circuit, in Richmond, Va., asking that court to keep jurisdiction over Mr. Padilla's case long enough for the Supreme Court to act on it.

more:http://www.nytimes.com/2005/12/18/national/nationalspecial3/18padilla.html

[jsamuel]

1. man... they don't want the original ruling overturned, not for this case

but for every one after this. It is like a freebie precident... WHAT ASSHOLES!

[Eric J in MN]

2. They don't want the Supreme Court to rule on this until Samuel Alito

is on the Court.

He would be fine with Bush having the power to label anyone an "enemy combatant" and have that person imprisoned without trial for the rest of his life.

[HuffleClaw]

3. call me crazy, but i'm guessing the supremes take this one

even they can't be unaware of the rampant abuse of power that is occuring.

[No Exit]

4. The courts are last holdout from repukes!Don't let them take them!!

[fasttense]

5. The dancing Supremes lost all their principles back in 2000.

Now they just dance for their masters. They will never rule against their owners. We are stuck with unjust justice until the last little lying neocon Supreme dies off. I hope to live long enough to see it.

[Sandpiper]

6. It only takes 4 Justices to grant Certiorari to hear a case

If we can't get four justices to decide that the most flagrant violation of Habeas Corpus in history is worthy of a hearing, we really are doomed.