We'll answer later
NY Times:
Mr. Padilla's lawyers filed an appeal in the Supreme Court last month, asking a fundamental question: "Does the president have the power to seize American citizens in civilian settings on American soil and subject them to indefinite military detention without criminal charge or trial?"
The administration says there is no need to answer that question just now.
No, of course there isn't. Why would Americans want to know if they can be seized and detained indefinately without Constituional rights?