Padilla v. Rumsfeld
352 F.3d 695 (Dec. 18, 2003)
Facts: Dirty bomb. U.S. citizen. First
in regular jail, then declared enemy combatant, detained indefinitely. Newman, “next friend”.
Issue: Sep of powers?
Rule: President may always use inherent constitutional
Analysis: “Wartime?” Political question doctrine.
Justice Jackson, three levels/zones
of presidential authority, Youngstown. Congressional
acts. Non-Detention Act. Congress basically didn’t go far enough in
joint resolution or 10 U.S.C. § 956(5) in reversing what it has just said in
Non-Detention Act (18 U.S.C. § 4001(a)).
Conclusion: The District Court is reversed.
to Casebook Notes