Lost in the shuffle of post-Katrina coverage is this: the Richmond Federal Appeals Court has ruled against Jose Padilla, overturning a lower Federal court’s ruling that he must either be charged or released. Padilla is therefore being held indefinitely as an “enemy combatant” despite being an American citizen arrested on American soil. As such, he may be detained indefinitely without access to counsel or the right to review whatever evidence incriminates him.

In other words, the Appeals Court feels that he — or any citizen — can be held forever just on the government’s say-so. This is NOT a power we want our government to have. Let’s hope the Supremes feel differently, as it’s a sure bet this will end up on their docket next.