The Supreme Court may act as early as next Monday on his attempt to get the Justices to review his challenge to his status and his indefinite detention, before the Fourth Circuit can rule.
The petition in 04-1342 seeks direct review of a ruling in February by U.S. District Judge Henry F. Floyd of Spartanburg, S.C., concluding that the President has no authority to designate and detain as an “enemy combatant” a U.S. citizen captured on U.S. soil.
The litigation is also moving along on an expedited schedule in the Fourth Circuit (docket 05-6396), on a regular appeal path by the Justice Department after its loss in Judge Floyd's ruling. The latest development there was the filing on Monday of Padilla's brief.
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