:-} Well, we'll have to disagree there. Congress seems satisfied that it did. Two judges on the second circuit differ. I'll side with Congress on this one.
If that's the case, they shouldn't have any problem passing specific legislation allowing Padilla-like citizen detentions. Personally, I don't think that's too much to ask.
Worm-like would be more apt but Congress should do what Congress should do, not what two judges on the Second Circuit tell them to do imo.
I like checks and balances.
So do I but from where I sit, it is the federal judiciary that is in the most urgent need of checking and balancing. Maybe even a rotation of the tires.
But these are simply the opinions of an amateur.
I believe I misunderstood your point here. If you are suggesting that Congress should address Padilla-like characters in the code to clarify matters for the future, I'd agree with that.
I'd even agree that they should use the term "Padilla-like".:-}