As How Appealing and SCOTUSBlog have reported, the Supreme Court has granted the SG’s motion to transfer Jose Padilla to civilian custody. The Court’s order disposes of the issue without substantive comment.
As one of my colleagues observed, you can just imagine the Chief Justice raising his eyebrows when reading Judge Luttig’s (astonishing) opinion denying the transfer below. Luttig’s decision, you may remember, refused to order something that both parties at the time wanted — i.e., transfer the prisoner to civilian custody — reasoning that the transfer would undermine the rule of law in the context of an issue of “surpassing” national importance. The Chief Justice’s implied reply: “Chill.”