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The Padilla Decision

Monday, April 3, 2006  |  posted by Hugh Hewitt

Here is Justice Kennedy’s concurrance in the decision by the SCOTUS not to hear the appeal of Jose Padilla. The Chief Justice and Justice Stevens joined Justice Kennedy, which means three very different judicial philosophies agree that it is best, in time of war, not to rule on matters on which no ruling is necessary.

Which is exactly how the Court should be acting.

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