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← 423 F.3d 386 - Padilla v. Hanft

Padilla v. Hanft’s Empirical Analysis

423 F.3d 386 · 2005

Citation profile

15
cited by 15 later decisions
May 2017
most recently cited

12 federal appellate ·

Relationships

Applies 18 U.S.C. § 4001

Relies on Hamdi v. Rumsfeld · Rumsfeld Secretary of Defense v. Padilla et al. · Quirin Haupt Kerling Burger Heinck Thiel Neubauer United States Quirin v. Cox Usa 6 · Ex Parte Milligan · Ex parte Endo

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The Congress of the United States, in the Authorization for Use of Military Force Joint Resolution, provided the President all powers necessary and appropriate to protect American citizens from terrorist acts by those who attacked the United States on September 11, 2001. As would be expected, and as the Supreme Court has held, those powers include the power to detain identified and committed enemies such as Padilla, who associated with al Qaeda and the Taliban regime, who took up arms against this Nation in its war against these enemies, and who entered the United States for the avowed purpose of further prosecuting that war by attack ing American citizens and targets on our own soil — a power without which, Congress understood, the President could well be unable to protect American citizens from the very kind of savage attack that occurred four years ago almost to the day.”
    1 later decision quote this exact passage · from the majority
  2. “Padilla met with Khalid Sheikh Mohammad, a senior al Qaeda operations planner, who directed Padilla to travel to the United States for the purpose of blowing up apartment buildings, in continued prosecution of al Qaeda's war of terror against the United States.”
    1 later decision quote this exact passage · from the majority
  3. “that the availability of criminal process cannot be determinative of the power to detain, if for no other reason than that criminal prosecution may well not achieve the very purpose for which detention is authorized in the first place”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.