PRESENTATION OUTLINE
YEARS
- Court Date: April 28, 2004
- Offense: May 8, 2002
JUSTICES
- William Rehnquist, John P. Stevens
- Sandra Day O'Connor, Antonin Scalia
- Anthony Kennedy, David Souter
- Clarence Thomas, Stephen Breyer
- Ruth Bader Ginsburg
Arguments
Does Congress's "Authorization for use of military force" authorize the president to detain a US citizen based on a determination that he is an enemy combatant, or is that power precluded by the Non-Detention Act?
JUSTICES WITH MAJORITY
- Rehnquist
- O'Connor
- Scalia
- Kennedy
- Thomas
MAJORITY
Dismissed the case because the district court in NY did not have jurisdiction over his claim. The proper defendant was the warden of the facility and not Secretary Rumsfeld.-Rehnquist
DISSENT
The governments late notice to Padilla's lawyer to their intention to relocate him.Should not permit the government to obtain a tactical advantage. The court should address itself to the real question in this case, which was whether [Padilla] is entitled to a hearing on the jurisdiction for his detention.-Stevens
Effects
Habeas corpus petition had been improperly filed in the US district court oft the southern district of New York, and should have been in the US district court for the district of South Carolina, petition should have named Padilla's immediate custodian, not the secretary of defense.
Prior History
On writ of certiorari to the United States Court of Appeals for the second circuit.
