Judge Luttig authored a canny 4th Circuit opinion today denying the government’s motion to transfer Padilla from durance vile in the brig to durance common in Miami.
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I was very surprised and pleased with the wording in Luttig’s opinion. He’d already signalled that he might do something like this, but the forthright way he takes the government to task is a welcome relief after the (excessive) deference he’s shown in the past.