Padilla V. Bush, Round 1

by Jonathan H. Adler

The initial district court opinion in the Jose Padilla case is out and can be read here. In a nutshell, the military is authorized to detain enemy combatants, but Padilla is entitled to the assistance of counsel for habeas proceedings to challenge the government’s claim that it has sufficient evidence to declare him as such. Eugene Volokh has early commentary and analysis on various aspects of the opinion here. (Be sure to scroll up and down to catch it all.)

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