Trying really hard to keep politica and GD and Pit material out of this post…
If I’m understanding the SCOTUS decision in Rumsfeld v Padilla (here in .pdf), it was dismissed without prejudice because it was filed in the wrong federal district and named Rumsfeld as defendant intead of Commander Melanie Marr, who commands the brig where Padilla is being held. Yet according to the opinion, Marr was initially named as a defendant. So what happened to her? Her name’s not on the opinion and my cursory reading of the opinion doesn’t indicate to me when she was dropped.
The decision states that Marr would be the only proper respondent in Padilla’s suit, as she is Padilla’s “immediate caretaker.”
According to the decision, she was initially named as a respondent along with Bush and Rumsfeld, but she is not named in the case caption of the decision that was issued this morning. So at some point in the process she (and Bush) were apparently dropped from the suit. I’m asking at what point she (and I suppose Bush) were dropped as I don’t see that information in the decision. Is there a separate petition out there somewhere for Marr and/or one for Bush?