S.C. Dist. Judge Henry Floyd's Padilla Opinion to be tested this morning

As I noted yesterday, the Fourth Circuit will hear arguments this morning in the Padilla case. Judge Floyd's opinion under review essentially held that the federal government cannot indefinitely detain an American seized on American soil; the government must either charge himwith a crime or release him.

The federal government has faced much criticism from both the Left and Right for its handling of Padilla. The liberal People for the American Way and the Conservative Rutherford Institute have filed a joint Amicus Brief arguing that the extra-judicial detention of an American citizen seized on American soil requires Congressional authorization. Absent this, Padilla must be brought before a court before being deprived of liberty.

I'll have more posts on the course of the argument.