Posted on 04/03/2006 7:30:02 AM PDT by Sub-Driver
Supreme Court won't review Bush's terrorism powers
By James Vicini 1 minute ago
A divided Supreme Court declined on Monday to decide whether President George W. Bush has the power in the war on terrorism to order American citizens captured in the United States held in military jails without any criminal charges or a trial.
By a 6-3 vote, the court sided with the Bush administration and refused to hear an appeal by Jose Padilla, who was confined in a military brig in South Carolina for more than three years after Bush designated him an "enemy combatant."
The court's action does not amount to a ruling on the merits in the high-profile terrorism case and does not create any national precedent.
The case was affected by the Justice Department moving to bring criminal charges against Padilla in November, after his attorneys appealed to the high court. Padilla now is accused him of being part of a cell that provided money and recruits for terrorists overseas and has pleaded not guilty.
He was transferred from military to civilian custody in Florida on January 5.
Attorney General Alberto Gonzales said the enemy combatant issue should be considered moot because Padilla was charged in federal court. The Justice Department urged the Supreme Court to reject Padilla's appeal.
Padilla's appeal fell one vote short of the four needed to grant an appeal.
Justice Anthony Kennedy, joined by Chief Justice John Roberts and Justice John Paul Stevens, wrote to explain why the appeal was rejected. He cited the changed circumstances of Padilla's custody.
Justices David Souter, Stephen Breyer and Ruth Bader Ginsburg said they would hear the appeal. Ginsburg wrote to explain why the case should be heard.
(Excerpt) Read more at news.yahoo.com ...
Good job Justice Roberts.
AK & JPS. Interesting.
Souter is such a disappointment..the little weasel misled everyone about his true inclinations before his nomination and confirmation.
Souter is such a disappointment..the little weasel misled everyone about his true inclinations before his nomination and confirmation.
The moral: Never pay attention to anything Warren Rudman says.
And the DUmmies said "Emporer Bush strikes again, we are doomed!"
ping a ling
I agree, interesting.
He should be recalled, the little butt-weasel
Were it only possible.....
WTG, Roberts and Alito! WTG Mr. President!!
I hate to wish a guy ill, but it's hard not to in his case...
Some excellent points, especially about swallowing some bitter pills. Keeping the mjority is what governing is all about.
This 6-3 decision is just another reason to be a "broken glass" voter come election time. Let the dems in, and they'll reverse the laws that are keeping us safer in a time of war.
Oh, and note to Reuters: 6-3 decision isn't exactly a "split decision".
True. AK is a proven "moderate" for what that's worth (not much) but JPS is Ginsberg-esque in his liberalism.
Bumperoo!
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