Looks Like We Have a New Liberal Activist Judge

It's Michael Luttig, from the 4th Circuit. Not amused by the Governent's transparent attempt to transfer Jose Padilla's case from military to civilian court to avoid Supreme Court review of the Bush Administration's position that they can hold enemy combatants forever, Luttig denied the motion.

Commenting on the Bush Administration's invocation of Calvin-ball rules in this case, the court wrote,

The government has held Padilla militarily for three and a half years, steadfastly maintaining that it was imperative in the interest of national security that he be so held. However, a short time after our decision issued on the government’s representation that Padilla’s military custody was indeed necessary in the interest of national security, the government determined that it was no longer necessary that Padilla be held militarily.

....In a plea that was notable given that the government had held Padilla militarily for three and a half years and that the Supreme Court was expected within only days either to deny certiorari or to assume jurisdiction over the case for eventual disposition on the merits, the government urged that we act as expeditiously as possible to authorize the transfer [to a civilian court]. The government styled its motion as an “emergency application,” but it provided no explanation as to what comprised the asserted exigency.

This isn't going to go over well with the Administration or their defenders in wingnuttia, who seem to believe anything can be justified, so long as it is done by the Bush king.

Let the wing-nut stoning begin.