SCOTUS refuses to hear Padilla

SCOTUS declined to hear the Padilla case with only 3 who felt the issue was ripe for review voting in favor. The rest either by written opinion or silent acquiescence decided the case was now hypothetical because the circumstances had changed once Padilla was moved into the civilian court.

It's not particularly comforting. The decision leaves intact, the ability of the Bush administration to seize any citizen based on presidential fiat and to hold them without charges or access to an attorney for any length of time. On a brighter note, the court implied that should the government now try to pull a fast one and re-charge Padilla as an enemy combatant, the judiciary stands ready to intervene. According to SCOTUS blog, "It even indicated that he would have a right to pursue a new appeal solely in the Supreme Court if his status were to change again."

The Kennedy opinion sounded to me like a cop-out although it least addressed Padilla's rights, it was a convenient out to avoid facing down the White House. There's nothing hypothetical about having been locked up for three years without charges or access to counsel. I would rest better if they had settled that point.