"...at least the appearance" of flipping us off

Hmmm. Do you think this has anything to do with Judge Luttig overhearing Bush call the 4th Circuit "Mah beeeitches?"

In the opinion on Wednesday, written by Judge J. Michael Luttig, the court said the panel was denying permission to transfer Mr. Padilla as well as the government's suggestion that it vacate the September decision upholding Mr. Padilla's detention for more than three years in a military brig as an enemy combatant.

Judge Luttig, a strong conservative judicial voice who has been considered by Mr. Bush for the Supreme Court, said the panel would not agree to the government's requests because that would compound what was "at least an appearance that the government may be attempting to avoid consideration of our decision by the Supreme Court, and also because we believe that this case presents an issue of such especial national importance as to warrant final consideration by that court."

Judge Luttig wrote that the timing of the government's decision to switch Mr. Padilla from military custody to a civilian criminal trial, just as the Supreme Court was considering the issue of the president's authority to detain him as an enemy combatant, had "given rise to at least an appearance that the purpose of these actions may be to avoid consideration of our decision by the Supreme Court."

No matter. Bush has an Alito in his back pocket.