Scalia apparently wants Padilla to receive a civilian trial. from what I have read, it wouldn't have mattered to Scalia if Padilla had been captured in Pakistan instead of OHare airport - he would still give him a civilian trial.
the train is going to come off the rails here pretty soon given where the judiciary wants to exert (or create) its authority in these matters.
So does the administration.
Appeals Court Refuses to Transfer Padilla
Posted on 12/21/2005 5:06:48 PM EST by AntiGuv
the train is going to come off the rails here pretty soon given where the judiciary wants to exert (or create) its authority in these matters.
The issue involves defining the parameters of "these matters." The Courts are also a creature of the Constitution, and to divorce them entirely from the process government uses to assert control over the governed will mark the end of the Republic.
There is give and take going on, and that is a good thing. Congress recently cut off some civilian court access that SCOTUS provided to Gitmo detainees -- it was a hoot to see FReepers lambasting Senator Graham for doing so. Remember this one -> Senate plan could gain captives federal appeals ;-)