[ndt]

"OK, I'm officially confused. "

Yup that's correct. If it is not vacated, then they will likely have to defend their decision to detain him they way they did, quite possibly in the S.C. and there is the distinct possibility of having it shot down.

If the lower court ruling is vacated, and Padilla is moved to civilian court the point is moot.

This is not so much about Padilla as it is about the methods of his detainment.

Anyone, please correct me if I'm mistaken, but that is how I understand it.

[oceanview]

right, once the SOCTUS shoots it down - the concept of an enemy combatant designation (for a US citizen at least) will be over.

I don't know much of the details about this civil indictment - whether they can get this guy on anything, whether there is evidence they can present in open court that they can use to convict him of something at least.

[TChris]

OK, that makes sense. I'm guessing that the existing SCOTUS would love to give GWB a nice smack across the face in a 5-4 decision blowing American citizen "enemy combatant" status out of the water, historical support and precious SCOTUS stare decisis notwithstanding.