[mrsmith]

No, the government does not dispute his right to bring a Habeas Corpus petition at all.

They do dispute his right to any counsel for it at all- they're wrong there IMO, unlike Hamdi there are issues and facts which can be presented here to contest his detention.

The hard decision, which these living constitution fantasists cowardly avoided, is just how to give Padilla that counsel.
That is what the judge, defense and government asked these clowns to decide and instead they overturned Quirin for their own political reasons.

[mrsmith]

Actually, to not overturn Quirin, they overturn Bas V Tingy and Little v Barreme and the Prize Cases to take unto themselves the power to overturn a congressional exercise of the war power.

Fantasist activists.