The hits just keep coming.

The 4th Circuit Court of Appeals, a usually very conservative court, refused to allow the transfer of Padilla from military to civilian custody today after three years of confinement, citing extreme concerns about the motives of the Bush administration.

http://www.msnbc.msn.com/id/10562970/

I find it interesting that Michael Luttig who was apparently on the short list for the nomination that Alito got...issued the ruling.

Have read some of the stuff Luttig has written and find his brand of non-judicial activism in both political genres to be refreshing.