Rumsfeld v. Padilla
- Case Date: 8/18/2003
- Project Name: Protecting America's Freedom: National Security and Defense
On June 28, 2004, the U.S. Supreme Court dismissed the habeas corpus petition of al Qaeda operative Jose Padilla, who has been held as an enemy combatant since 2002. The Court ruled that Padilla filed his petition in the wrong court; because Padilla is being held in South Carolina, he was required to file there rather than in New York. The decision was a victory for WLF, which filed a brief supporting continued detention of Padilla, an American suspected of planning to detonate a "dirty bomb" in a major American city. The Court ruled that statutes prescribing where habeas corpus petitions are to be filed should be strictly enforced. The Court agreed with WLF that allowing detainees to file petitions in virtually any State in the nation (the rule for which Padilla argued) would encourage litigants to engage in judge shopping. WLF has pledged to continue its support for the military in connection with the new petition Padilla has filed in federal district court in South Carolina.
More Information and Downloads:
8/18/2003: Download the Brief
3/17/2003: Download the Brief
Litigation Update: Court's Mixed Decisions In Enemy Combatant Cases Generally Favor U.S.
Litigation Update: Court Overturns Detention Of "Enemy Combatant" Jose Padilla