All Intensive Purposes

One of Laura Rozen's readers speculates that "Luttig . . . has been given a hint that he's in line for the next opening. By resigning now, he can put away some serious cash for the family and avoid any controversial cases that could come up in a future confirmation hearing." That doesn't sound right to me at all, for at least three reasons. First, Luttig had his chances -- Bush met him in person, and didn't pick him, twice. He may be the first choice of movement conservatives in DOJ or the White House, but the final choice was Bush's, and Bush did not pick him. He had his chance, and he's not getting another with this President. Second, he broke with the administration with his decision in the Padilla case. Having left the reservation, he won't be trusted again. Third, the WSJ article makes pretty clear that someone took his story of disillusionment to the media, and with the Bushies that really places you off the reservation. If Luttig is named to the Supreme Court, it'll be by another Republican, but not Bush.