U.S. District Judge Floyd has
ordered the United States to free Jose Padilla within 45 days. This is great news, although, the government is almost sure to appeal the ruling. It is a firm rejection of the governments' "enemy combatant" policy.
Recall that Jose Padilla, was arrested, unarmed in the Chicago O'Hare airport, and was detained for years without any charges. When his case went to the U.S. Supreme Court, four justices called for his immediately release, while five held that he had sued in the wrong court. However, all but one of those five justices (Justice Thomas was the odd man out), strongly implied in their other opinions rendered the same day that Padilla should be freed. It has taken half a year from the U.S. Supreme Court ruling to get a trial court to free Padilla, but he is one step closer to freedom now.