Saturday, September 10, 2005
Supreme Court Nominees
Michael Luttig, who recently wrote the opinion upholding the President's right to declare a citizen an "enemy combatant" and subsequently deny that citizen any access to courts or lawyers, is reportedly under consideration for nomination to the Supreme Court. Which, to me, brings to mind questions of constitutional construction. Some constitutional context:
Article I, Section 9, Clause 2: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Which description of the judicial philosophy behind Padilla fits best: Originalist? Textualist? Activist? (Something-Other-ist?)