J. Michael Luttig

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J. Michael Luttig (born in Tyler, Texas, June 13, 1954) is an American lawyer and a former federal judge.

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[edit] Education and early work

Luttig graduated from Washington and Lee University in 1976. After receiving his Juris Doctor from the University of Virginia School of Law in 1981 he briefly worked for the Reagan administration. From 1982 to 1984 he clerked for then-Judge Antonin Scalia of the United States Court of Appeals for the D.C. Circuit and for Supreme Court Chief Justice Warren Burger. Luttig continued to work for Burger as a special assistant until 1985, when he entered private practice. In 1989, Luttig returned to government service, holding various positions within the Department of Justice until 1991.

[edit] Federal judgeship

On April 23, 1991, President George H. W. Bush nominated Luttig to fill a newly created seat on the United States Court of Appeals for the Fourth Circuit. Confirmed by the United States Senate on July 26, 1991, he became the youngest judge (at age 37) on a federal appeals court.

On the bench, Luttig's idiosyncratic but restrained method of judging won wide admiration in conservative legal circles as a model of principled jurisprudence, and his sharp intellect was widely noted. He was compared to Justice Scalia for his analytical rigor and for criticizing his colleagues for inconsistencies or embellishments in their judicial opinions.[1]

Luttig was mentioned frequently as being near the top of George W. Bush's list of potential nominees to the Supreme Court of the United States despite opposition from the U.S. Chamber of Commerce and a dispute between Luttig and the Bush administration over the handling of the case of alleged "dirty bomber" Jose Padilla (see below).[2][3] Bush interviewed but ultimately did not choose Luttig to fill two Supreme Court vacancies in 2005.

Luttig was the leading "feeder" judge on the U.S. Court of Appeals, with all but two of his law clerks over the last 10 years of his tenure having gone on to clerk with conservative justices on the Supreme Court.[citation needed] Luttig's clerks have nicknamed themselves "Luttigators".

[edit] John Luttig's murder

Luttig's father, John Luttig, was fatally shot in 1994 in a carjacking by juvenile offender Napoleon Beazley. Beazley was eventually executed after twice appealing to the Supreme Court, where Justices Antonin Scalia, David Souter, and Clarence Thomas recused themselves because of past associations with Luttig.[4]

[edit] Clash with the Bush administration

In September 2005, Luttig wrote an opinion for a three-judge panel of his court, which upheld the government's power to designate Jose Padilla—the alleged "dirty bomber" captured at a Chicago airport—as an "enemy combatant" and detain him in a military brig without charge.[5] In December the Bush administration, apparently anticipating a reversal in the Supreme Court, petitioned Luttig's court for approval to transfer Padilla to civilian custody for a criminal trial. This move set off a dispute between the Bush administration and Luttig.[6] Luttig's panel refused to grant the transfer, castigating the government for potentially harming its "credibility before the courts."[7] The government petitioned the Supreme Court to allow the transfer, arguing that the lower court's refusal encroached on the power of the President. (The Supreme Court granted the government's request.)[8]

[edit] Resignation

In 2006 Luttig resigned to become general counsel and senior vice president for The Boeing Company.[9][10] The move came as a surprise to court watchers because most federal judges, who are appointed for life, stay on the bench until retirement. The move especially shocked the conservative legal community, in which Luttig maintained a high profile and was something of a superstar. In his resignation letter, Luttig wrote that "Boeing may well be the only company in America for which I would have ever considered leaving the court"[11]. He also mentioned his three childrens' upcoming college education. The position at Boeing promised more pay than the federal judgeship.[12]

[edit] References

  1. ^ Deborah Sontag, "The Power of the Fourth," The New York Times Magazine, March 9, 2003
  2. ^ Bazelon, Emily, David Newman. "The Supreme Court Shortlist", Slate, July 1, 2005. Retrieved on 2006-08-06.
  3. ^ Woellert, Lorraine. "Full Court Press", Businessweek Online, July 18, 2005. Retrieved on 2006-08-06.
  4. ^ Justice Antonin Scalia recused himself because Luttig had clerked for him, and Justices David Souter and Clarence Thomas recused themselves because Luttig led the George H. W. Bush Administration's efforts to gain the Senate's confirmation for them.
  5. ^ http://caselaw.lp.findlaw.com/data2/circs/4th/056396p.pdf
  6. ^ McGough, Michael. "How do you solve a problem like Padilla?", Pittsburgh Post-Gazette, January 02, 2006. Retrieved on 2006-08-06.
  7. ^ http://caselaw.lp.findlaw.com/data2/circs/4th/056396r1p.pdf
  8. ^ Bravin, Jess, J. Lynn Lunsford (May 11 2006). "Breakdown of Trust Led Judge Luttig To Clash With Bush". Wall Street Journal: A1. Retrieved on 2006-05-11.
  9. ^ Markon, Jerry (May 11 2006). "Appeals Court Judge Leaves Life Appointment for Boeing". Washington Post: A11. Retrieved on 2006-05-11.
  10. ^ Markon, Jerry. "Appeals Court Judge Leaves Life Appointment for Boeing", Washington Post, May 11, 2006, pp. A11. Retrieved on 2006-08-06.
  11. ^ http://www.ca4.uscourts.gov/pdf/ltpres.pdf
  12. ^ Eisler, Kim. "Judge Says: Show Me the Money", Washingtonian, July 2006. Retrieved on 2006-08-06.

[edit] External links

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