Supreme Court rejects Padilla appeal - Yahoo! News
"By a 6-3 vote, the high court refused to hear Padilla's appeal. He was confined in a military brig in South Carolina for more than three years after Bush designated him an 'enemy combatant.'"

So Scalia's ass is spared for now as well as Roberts'. And it's defensible albeit on a technicality since the appeal was based on the fact that Padilla had not been charged and so Gonzalez simply decided to do just that. Kind of a weasley defense though given the extremely important issues at stake here. I mean, if the Supreme Court doesn't want to hear a case like this, what is the point of it?