"We're disappointed that Mr. Padilla's transfer to the civilian justice system has been delayed," said Padilla defense attorney Jonathan Freiman, who argued Padilla's case before a South Carolina judge earlier this year.

"The case is pending in the Supreme Court, and we think the Supreme Court should decide whether to address the question of the president's power to detain American citizens seized in a civilian setting in the United States indefinitely and without charges."

The ruling under consideration was favorable to the Government. I would think that if the the 4th Circuit withdraws that ruling, it would be even harder for Padilla to keep his appeal alive in the Supreme Court. It's important for the Supreme Court to address Padilla's issue. As the LA Times opined in Jose Padilla's America,

The Supreme Court should still hear the case, not only for Padilla's sake but for the sake of every American. The most recent lower-court decision on the case, from the U.S. 4th Circuit Court of Appeals, gives the administration the authority to detain enemy combatants such as Padilla indefinitely. That precedent cannot be allowed to stand.

The question presented in the Padilla case, to paraphrase his brief before the court, is this: Can the president of the United States arrest any U.S. citizen in America and hold him indefinitely without charge in the name of the war against terrorism? As long as this war continues, it is a question that will remain relevant. And it is a question begging for a resounding "no" from the nation's highest court.