Wednesday, December 21, 2005

Padilla and the Fourth Circuit

Take a gander at this Fourth Circuit Opinion by J. Michael Luttig in the Padilla case. The Judges are incensed at the federal government for attempting to avoid Supreme Court review of the case by indicting Mr. Padilla in Federal District Court in Miami. There is an old and familiar cliché, namely, “don’t bite the hand that feeds you.” Given the court's opinion, it could certainly be argued that the Administration has really pissed off arguably the nation's friendliest Circuit court, at least with respect to executive powers. One wonders what exactly the Bush Administration/Justice Department are thinking.


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