1. Why did Chief Justice Roberts and Justices Stevens and Kennedy believe that this certiorari petition should...
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2. Why did Justice Ginsburg believe that the petition for certiorari should have been granted?
Opinion: The petition for a writ of certiorari is denied. Justice Souter and Justice Breyer would grant the petition for a writ of certiorari. Concur: Justice Kennedy, with whom the Chief Justice and Justice Stevens join, concurring in the denial of certiorari. The Court’s decision to deny the petition for writ of certiorari is, in my view, a proper exercise of its discretion in light of the circumstances of the case. The history of petitioner Jose Padilla’s detention, however, does require this brief explanatory statement.
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This was the second time that the Supreme Court had refused to address the merits of Padillas case for procedural reasons In 2002 the Supreme Court gr...View the full answer
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Related Book For
Introduction to Law and the Legal System
ISBN: 978-0495899334
10th Edition
Authors: Frank August Schubert
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