Supreme Court Won't Hear Padilla Case
After arguing that the government is entitled to hold Jose Padilla as an enemy combatant, the Justice Department decided to prosecute him on criminal charges, much to the displeasure of the Fourth Circuit, which wondered whether the Justice Department changed its theory to avoid Supreme Court review of Padilla's claim that his detention as an enemy combatant was unconstitutional. If so, the strategy succeeded. The Court decided today, by a 6-3 vote, not to review Padilla's case.
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