Brigid O’Neil, Researcher at the Center on Peace & Liberty at the Independent Institute on Jose Padilla: A Constitutional Challenge for Us All:
In a landmark victory for constitutional protections and the separation of powers in the post-9/11 era, a panel of the 2nd U.S. Circuit Court of Appeals issued a 2-1 ruling barring the president from declaring a U.S. citizen an “enemy combatant” without congressional authorization. In a decision likely to influence another case on enemy combatants before the Supreme Court case, the federal appeals court ordered the government to release U.S. citizen Jose Padilla from military custody in thirty days, with the option of transferring Padilla to civilian authorities for a criminal trial. The ruling marks a growing judicial backlash against unfettered presidential authority during a period of war. Given the week’s events, the ruling couldn’t have come at a better time. With controversy over the status of Guantanamo detainees and the PATRIOT Act growing to a feverish pitch, it’s about time the Constitution gained a voice, and an arm strong enough to back it up.
Read the rest of Ms. O'Neil's commentary here.