Constitutional Law,
9th U.S. Circuit Court of Appeals
May 16, 2012
Why the 9th Circuit got Padilla wrong
Even if an American citizen detained as an enemy combatant doesn't have the same rights as a prisoner, surely they have the right not to be tortured. By Erwin Chemerinsky of University of California, Irvine School of Law
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Jose Padilla, an American citizen, was apprehended at Chicago's ai...
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