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March 01, 2005
Strict Constructionist Judge Smacks Down Bush Administration
A federal judge in Spartanburg has ordered that an American citizen held as an enemy combatant in a Navy brig in Charleston should be released.
U.S. District Judge Henry F. Floyd ruled Monday that the president of the United States does not have the authority to order Jose Padilla to be held.
"If the law in its current state is found by the president to be insufficient to protect this country from terrorist plots, such as the one alleged here, then the president should prevail upon Congress to remedy the problem," he wrote.
At least there's still one federal judge who can read the Constitution. Of course, as the article points out, the government is going to appeal the decision. No doubt they'll keep appealing until they find a judge who isn't a "strict constructionist"--the very criterion Bush says he will use when appointing judges.
Posted by Mike Tennant at March 1, 2005 09:40 AM
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