Detainee Cases.

Padilla Transferred

The U.S. Supreme Court has granted the government's request to release Jose Padilla from military custody to civilian custody in Florida where he faces criminal charges on allegations relatively minor to the dirty bomb claims associated with his initial military detention (which were later abandoned by the government). It has still not ruled on whether or not it will take up the case. The government will be arguing that the case is now moot. Padilla and many amici will be arguing that the 4th Circuit precedent should be reviewed and reversed, and not allowed to escape review as a result of the government's own gamesmanship.

Detainee Court Stripping Law Tested

A law that strips the federal courts of jurisdiction over almost all cases arising out of Guantanamo Bay, Cuba will face a challenge to its validity and scope in the United States District Court for the District of Columbia. A key issue is whether the law has retroactive effect in pending cases. More discussion of the government's position is found here. I'm appalled that the court stripping provision was allowed to become law.