Back on December 21, Reuters reported the following:

In a stinging rebuke to the Bush administration, a U.S. appeals court
refused on Wednesday to transfer Jose Padilla from U.S. military
custody to federal authorities in Florida until the Supreme Court
considers his case.

This should take some of the sting out:

The Supreme Court agreed Wednesday to let the military transfer accused "enemy combatant" Jose Padilla to Miami to face criminal charges in at least a temporary victory for theBush administration.

The justices overruled a lower court, which had attempted to block the transfer as part of a rebuke to the White House.

That's funny, I thought the Supreme Court wasthe final word on whether something is legal and constitutional in this country which would make this a final victory regarding this matter of the transfer. There's nothing partial or temporary about it - it will happen.

Or as talkleft.com declared at the time:

The ultra conservative Fourth Circuit Court of Appeals showed some backbone today and denied the Government's request to move indicted detainee Jose Padilla to the custody of the Attorney General from military custody. You can read the opinion here. (pdf) Big defeat for Bush.

Which just goes to show you it ain't over 'til the Supreme Court sings.