well, on this civilian transfer case - Napolitano was nuts to say they would lose that one - was he predicting Padilla would be released?
But I (unfortunately) agree that if (when) the combatant case goes to the SCOTUS, Padilla will win that one.
I don't think the SCOTUS will ever review the military detention unless it's faced with a very similar case (US citizen captured on American soil held by US military). It's punted this case every chance it's gotten, so why in the world would it suddenly find its backbone and take it when it doesn't have to?