[PerConPat]

...the decision was made because they felt the issue was in need of a final decision from the Supreme Court. On that point I agree.

I'm afraid, ndt, that my patience is wearing thin with things judicial. I understand that we are a nation of laws; but my concern is that the leftist mania to dot every "i" and cross every "t" pervades the legal profession to a degree that is potentially harmful in the national defense arena.

We, IMHO, need to be very careful when adding the American jurisprudence system to the anti-terrorist mix. I am aware of the Palmer Raids etc..; but as others have pointed out, the enemy is watching and no one in their right mind wants the judges dabbling in the business of stopping vicious terrorists.

I will admit that I am not sure as to why the judges should even be involved with Mr. Padilla, except in the capacity of hearing his criminal trial etc. Perhaps you could inform me as to why this matter was before the appeals court to begin with. Thanks.

[Marine_Uncle]

"Perhaps you could inform me as to why this matter was before the appeals court to begin with. Thanks."
Wish I could help you. But I haven't a clue. Hopefully someone will step up to the plate with a firm judicial background and explain the reasons behind this madness. I would have thought it as simple as a federal circuit court being assigned the case, based on where this goon lived during his stay in the US, when he did his alleged crimes.

[ndt]

"I understand that we are a nation of laws; but my concern is that the leftist mania to dot every "i" and cross every "t" pervades the legal profession to a degree that is potentially harmful in the national defense arena."

That is not a leftest thing, that is a law thing. In law, especially in regards to government powers, precise wording is absolutely critical. The Weimar Republic was lost with a single poorly worded sentence.

[Cboldt]

I will admit that I am not sure as to why the judges should even be involved with Mr. Padilla, except in the capacity of hearing his criminal trial etc. Perhaps you could inform me as to why this matter was before the appeals court to begin with.

Discussed at length in this thread -> Appeals Court Refuses to Transfer Padilla