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January 05, 2006
Supreme Court Allows Transfer of Padilla to Civilian Custody
Considered a victory for the Bush Administration, which had sought the transfer in order to avoid a Supreme Court decision on the legality of its policies of military detention.
A lower court had blocked the transfer, reasoning that the Supreme Court had a right to make this determination. The Supreme Court, apparently, disagreed, perhaps out of respect for the notion that the courts do not involve themselves in political questions, except when absolutely necessary.