Subject: Bill of Rights in the Toilet: was Bush in the Air Guard
From: (Fred the Red Shirt)
Date: 7/18/2004 2:54 PM Pacific Standard Time
Message-id:

(WalterM140) wrote in message
...
HOWEVER, another case heard by the court did address the exact same
substantive issue raised in Padilla and that ruling upheld habeas,
thus mooting the substantive issue in Padilla.

So, your characterisation was, to say the least, inaccurate.

The USSC handed America a great victory that day.

--

Not when a citizen --any citizen-- is denied due process.

You leave it indeterminate as to which of my sentences your 'Not'
refers.

No matter though, you are wrong regardless.


Padilla is the benchmark case because he is an American citizen arrested in
America at a time when the courts could operate freely.

And he lost only on the procedural/jurisdictional issue. The USSC
did not rule (and therfor as you seem to keep missing did NOT RULE
AGAINST) his habeas petition.



Hamdi (the other case) was arrested in Afghanistan.

And the ruling upholding habeas for Hamidi as well as his right
to access to the Federal Courts applies as well to Padilla, thus
mooting the substantive issue in Padilla. Bynot ruling on the
habeas issue per se in Padilla the USSC simply avoided repeating
itself.

So you are dead wrong.

The USSC handed America a great victory that day.


This issue alone is enough to toss Bush and his sorry crew.



See Milligan VS U.S. SCOTUS 1865

Arthur Kramer
344th BG 494th BS
England, France, Belgium, Holland, Germany
Visit my WW II B-26 website at:
http://www.coastcomp.com/artkramer