Jose Padilla, who is also known as the dirty bomber, will not get a hearing in the U.S. Supreme Court, at least not yet.The Washington Post reports that the Supreme Court did not have sufficient votes to review the case, on appeal from the 4th Circuit.
Justice Anthony Kennedy wrote an opinion, joined in by Chief Justice Roberts and Justice Stevens, saying that the case is hypothetical at this point, because Padilla is currently facing criminal charges.
Justices Breyer, Ginsburg and Souter would have heard the case; four justices are required. (Ginsburg's dissent is here.)
Marty Lederman opines that the unusual concurrence by Stevens and Roberts reflects the wooing being done by liberals and conservatives for Kennedy's crucial fifth vote.
3 comments:
Apparently, Kennedy's views aren't "evolving" fast enough for Mr. Padilla:>)
Linda Greenhouse of the NY Times speculates on the Stevens failure to agree with Ginsburg, Souter and Breyer.
She didn't take her speculation to the "justices read election results" point though, did she? One might wonder when that point will penetrate the mush in a titanium package that passes for brains in a NYT journo.
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