Notes on the Atrocities
Like a 100-watt radio station, broadcasting to the dozens...

Thursday, December 18, 2003  

This is huge.

President Bush does not have power to detain American citizen Jose Padilla, the former gang member seized on U.S. soil, as an enemy combatant, a federal appeals court ruled Thursday.

The decision could force the government to try Padilla, held in a so-called "dirty bomb" plot, in civilian courts.

In a 2-1 ruling, a three-judge panel of the 2nd U.S. Circuit Court of Appeals said Padilla's detention was not authorized by Congress and that Bush could not designate him as an enemy combatant without the authorization.

After rulings against the DOJ yesterday, the Bush administration must be starting to feel a little picked-on. No doubt this will fire them up to be that much more intent on placing ideological judges on federal benches.

(As a reminder, Talk Left has the last word on issues legal. Jeralyn has some nice stuff about the Ashcroft decisions. I expect her to begin posting on Padilla later today.)

posted by Jeff | 9:52 AM |
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