Padilla v. Hanft


Background
Petitioner, a U.S. citizen detained in military custody without trial after being designated by the President as an “enemy combatant,” sought writ of habeas corpus. The United States District Court for the District of South Carolina, ruled that detainee had to be either criminally charged or released. On government's appeal, the Court of Appeals, reversed, upholding the Presidential detention authority. Government then moved for authorization to transfer petitioner, and for vacatur of the Court of Appeals decision.

Holding
The Court of Appeals held that motion would be denied, since absent any explanation by the government to the contrary, the motion appeared to be an attempt to avoid consideration of the issues by the Supreme Court, yet those issues were of sufficient national importance as to warrant consideration by that Court, without pretermitting it through an eleventh-hour transfer and vacatur.
Motion denied.