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Rumsfeld v. Padilla

Docket No.: 03-1027
Certiorari Granted: March 17,
Argued: April 28, 2004
Decided: June 28, 2004

Topics:

28 USC 2241-2255 (habeas corpus), Criminal Procedure, Habeas Corpus, Appellate Procedure, Article I, Civil Procedure, Due Process, EPA, Eighth Amendment, Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, Sixth Amendment, Suspension Clause, habeas, habeas corpus, harmless error, immigration, ineffective assistance of counsel, judicial review, murder, probable cause

PartyNames: Donald H. Rumsfeld, Secretary of Defense v. Jose Padilla and Donna R. Newman, as Next Friend of Jose Padilla
Petitioner: Donald H. Rumsfeld, Secretary of Defense
Respondent: Jose Padilla and Donna R. Newman, as Next Friend of Jose Padilla

Court Below: United States Court of Appeals for the Second Circuit
Citation: CA 2, 352 F. 3d 695 QUESTIONS PRESENTED 1. Whether the President has authority as Commander in Chief and in light ofCongress's Authorization for Use of Military Force, Pub. L. No.107-40, 115 Stat. 224, to seize and detain a United States citizen in the United Statesbased on a determination by the President that he is an enemy combatant who is closely associated with al Qaeda and has engaged in hostile and warlike acts, or whether 18 U.S.C. 4001(a) precludes that exercise of Presidential authority.
Supreme Court Docket

Donald H. Rumsfeld, Secretary of Defense
v.
Jose Padilla and Donna R. Newman, as Next Friend of Jose Padilla
542 U.S. 426 (2004)
Question Presented:

1. Whether the President has authority as Commander in Chief and in light ofCongress's Authorization for Use of Military Force, Pub. L. No.107-40, 115 Stat. 224, to seize and detain a United States citizen in the United Statesbased on a determination by the President that he is an enemy combatant who is closely associated with al Qaeda and has engaged in hostile and warlike acts, or whether 18 U.S.C. 4001(a) precludes that exercise of Presidential authority. 2. Whether the district court has juri sdiction over the proper respondent to the amended habeas petition. CERT. GRANTED: 2/20/04Expedited briefing schedule.

Question:

Does Congress's "Authorization for use of Military Force" authorize the President to detain a United States citizen based on a determination that he is an enemy combatant, or is that power precluded by the Non-Detention Act?

Note:

. . 3d 695

Rumsfeld v. Padilla
ORAL ARGUMENT

April 28, 2004

Holding: reversed and remanded
Decision: Decision: 5 votes for Rumsfeld, 4 vote(s) against
Vote: 5-4

Rumsfeld v. Padilla
Case Documents

1Opinion in Rumsfeld v. Padilla
2Opinion in Rumsfeld v. Padilla
3Slip Opinion in Rumsfeld v. Padilla (Opinion by )
Additional documents for this case are pending review.