Padilla Remanded

Today, the Supreme Court of the United States ordered the military to turn over "enemy combatant" American citizen Jose Padilla to the civilian courts. This is his first request with further filing for Petition for Writ of Certiorari (can Mr. Bush hold Americans and deny them their rights). I think this case should be handled by the inferior courts, initially, and then move along with the inevitable appeals process. I do think, however, the SCOTUS (through the writ) has the mandate to determine if such imprisonment of Americans is constitutional.

He is to be remanded to the jurisdiction of the US District Court of Southern Florida in Miami. He will be set free from a navy brig in South Carolina where he has spent the past several years. Habeas corpus is the right of every American, but this person has been denied this right for years, which is simply outrageous. I have the Constitutional right to know what charges are levied against me by the state in a court of law with due process; ergo, habeas corpus.

This is more than a simple test of individual liberties, but whether the president will comply with the Order of the SCOTUS and their final decision regarding this over zealous and illegal treatment of Americans by authorizing the military to hold them indefinitely without due process. Of course, the military loves to argue they are outside the jurisdiction of civilian courts, but even military courts are under the jurisdiction of the Supreme Court (every American court--martial or civilian), considering they have the final word on all law.

An even further stretch is regarding the foreigners held by the US. The SCOTUS should order the military courts to present their cases against all foreign nationals they have in custody, such as the political prisoners in Guantanamo Bay, Cuba, or release them. The countries where these people are citizens should be outraged their citizens are being held incommunicado.