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.
A Personal Blog
by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
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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.