Case Status

3 results

RUMSFELD, SEC. OF DEFENSE v. PADILLA, JOSE, ET AL. (44230)

    Order dated: 01/23/04
    Docket number: 03-1027
    Action:
        The motion of the Solicitor General to expedite consideration of the petition for a writ of certiorari is granted. A response to the petition for a writ of certiorari is to be filed with the Clerk and served upon the Solicitor General on or before 3 p.m., Wednesday, February 4, 2004.

RUMSFELD, SEC. OF DEFENSE v. PADILLA, JOSE, ET AL. (44230)

    Order dated: 02/20/04
    Docket number: 03-1027
    Action:
        The petition for a writ of certiorari is granted. The brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 17, 2004. The brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 12, 2004. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, April 21, 2004.

RUMSFELD, SEC. OF DEFENSE v. PADILLA, JOSE, ET AL. (44230)

    Order dated: 04/16/04
    Docket number: 03-1027
    Action:
        The motion of respondents for divided argument is denied.

A description of the questions presented by the case has been prepared:

(1) Whether the President has authority as Commander in Chief and in light of Congress's Authorization for Use of Military Force, Pub. L. No. 107-40, 115 Stat. 224, to seize and detain a United States citizen in the United States based on a determination by the President that he is an enemy combatant who is closely associated with al Qaeda and has engaged in hostile and war-like acts, or whether 18 U.S.C. 4001(a) precludes that exercise of Presidential authority? (2) Whether the district court has jurisdiction over the proper respondent to the amended habeas petition?

An opinion has been handed down: