Suspected terrorist Jose Padilla's application to have the U.S. Supreme Court rule on his status prior to a ruling by an appeals court will not be heard by the justices. On Monday, the justices ruled they would not consider the matter at this time and that they would wait for the Appeals Court to make its decision first before the case comes before them.
Padilla was arrested on May 8, 2002, in Chicago. Authorities suspected that he was trying to set off a radioactive 'dirty bomb.' Although he is an American citizen, Padilla was deemed an 'enemy combatant' by the Bush Administration. Since then, he has been confined to a Navy brig in South Carolina.
Padilla's lawyers had argued that the Supreme Court should hear the case immediately. 'This case is of imperative public importance that justifies immediate review in this court,' Padilla's attorney, Stanford University law professor Jenny Martinez, said in the appeal to the justices. 'Only this court -- and not the court of appeals -- can provide the definitive answer the nation needs to the momentous and pressing constitutional questions presented by this case,' she said.
Now, the case will go to a Federal Appeals Court in Richmond, Virginia. Arguments have been scheduled for July 19.
The federal trial court ruled this past February that the Bush Administration had no right to hold Padilla as an enemy combatant. The judge ruled that if Padilla is not charged with a crime, he must be released. The Bush Administration appealed.
Paul Clement, the solicitor general, told Reuters he did not feel it was appropriate for the Supreme Court to intervene at this time. 'The court of appeals might ... resolve the government's appeal in ways that could make further review inappropriate or unnecessary at this time,' he said.
The decision not to hear that case now was made without comment and there was no dissenting opinion published. It is likely that the U.S. Supreme Court will end up hearing the case anyway after the Appeals court makes its decision. In the meantime, Padilla will remain in the brig without being charged with any crime.
