Rumsfeld v. Padilla — Kennedy, J., Concurring

Summary

Justice Kennedy's concurrence clarifies that the habeas immediate-custodian and territorial-jurisdiction rules are not limitations on subject-matter jurisdiction but function like venue or personal jurisdiction. While agreeing that South Carolina was the proper forum here, he notes these rules are subject to waiver and exceptions. Justice Stevens dissents, arguing that the Secretary of Defense is the proper respondent and the Southern District of New York is the proper venue under traditional venue principles.