A divided US Supreme Court declined on Monday to decide whether President George W. Bush has the power in the war on terrorism to order American citizens captured in the United States held in military jails without any criminal charges or a trial.
By a 6-3 vote, the court sided with the Bush administration and refused to hear an appeal by Jose Padilla, who was confined in a military brig in South Carolina for more than three years after Bush designated him an "enemy combatant."
The court's action does not amount to a ruling on the merits in the high-profile terrorism case and does not create any national precedent.
The case was affected by the Justice Department moving to bring criminal charges against Padilla in November, after his attorneys appealed to the high court. Padilla now is accused him of being part of a cell that provided money and recruits for terrorists overseas and has pleaded not guilty.
He was transferred from military to civilian custody in Florida on January 5.