J. Michael Luttig
Encyclopedia
J. Michael Luttig is an American lawyer
and a former federal appellate court judge
.
, Luttig graduated from Washington and Lee University
in 1976. He then attended the University of Virginia School of Law
, where he received his Juris Doctor
degree in 1981. He served briefly in the Reagan administration
, where his duties included reviewing potential judicial appointments and vetting them for ideological consistency with the administration's policies. From 1982 to 1984 he clerked
for then-Judge Antonin Scalia
of the United States Court of Appeals for the D.C. Circuit, one of the potential judges he had vetted in his prior job, and for Chief Justice
Warren Burger. Luttig later served as co-executor of Burger's one-page will that gained notoriety for Burger's failure to dictate how estate taxes should be paid. Luttig continued to work for Burger as a special assistant until 1985, when he entered private practice at the Washington office of Davis Polk & Wardwell
. In 1989, Luttig returned to government service, holding various positions within the Department of Justice
until 1991 under George H. W. Bush
. His duties in the Justice Department included assisting Supreme Court nominees David Souter
and Clarence Thomas
with their Senate confirmation proceedings. His assistance of Thomas proved somewhat controversial because he assisted Thomas in his highly contested hearing
after his own appointment to the federal bench had been approved by the Senate
, although he did not take office as a judge until after the Thomas hearings had concluded.
nominated Luttig to fill a newly created seat on the United States Court of Appeals for the Fourth Circuit
. Confirmed by the United States Senate
on July 26, 1991 and receiving his commission on August 2, 1991, he became the youngest judge (at age 37) on a federal appeals court.
On the bench, Luttig was compared to Justice Scalia for his analytical rigor and for criticizing his colleagues for inconsistencies or embellishments in their judicial opinions. He was also similar to Scalia in that his judicial philosophy sometimes led to what were seen as anti-conservative opinions.
Luttig was mentioned frequently as being near the top of George W. Bush
's list of potential nominees to the Supreme Court of the United States
despite opposition from the U.S. Chamber of Commerce and a dispute between Luttig and the Bush administration
over the handling of the case of alleged "dirty bomber" Jose Padilla
(see below). Bush interviewed but ultimately did not choose Luttig to fill two Supreme Court vacancies in 2005.
Luttig was the leading "feeder" judge on the U.S. Court of Appeals, with virtually all of his law clerk
s having gone on to clerk with conservative justices on the Supreme Court
, a total of 40 with 33 clerking for either Justice Thomas or Justice Scalia. Luttig's clerks have nicknamed themselves "Luttigators".
by juvenile offender Napoleon Beazley
. Beazley was eventually executed after twice appeal
ing to the Supreme Court
, where Justices Antonin Scalia
, David Souter
, and Clarence Thomas
recused themselves because of past associations with Luttig. Scalia recused himself because Luttig had clerked for him, and Justices David Souter
and Clarence Thomas
recused themselves because Luttig led the George H. W. Bush Administration's
efforts to gain the Senate's confirmation for them.
Some have speculated whether this tragedy influenced Luttig's judging.
— the alleged "dirty bomber" captured at a Chicago
airport — as an "enemy combatant
" and detain him in a military brig without charge. In December the Bush administration, apparently anticipating a reversal in the Supreme Court, petitioned Luttig's court for approval to transfer Padilla to civilian custody for a criminal trial. This move set off a dispute between the Bush administration and Luttig. Luttig's panel refused to grant the transfer, castigating the government for potentially harming its "credibility before the courts." The government petitioned the Supreme Court to allow the transfer, arguing that the lower court's refusal encroached on the power of the President. The Supreme Court granted the government's request.
, Luttig disagreed with the majority opinion that Yaser Esam Hamdi, an American citizen captured in Afghanistan
and held as an enemy combatant
, did not deserve "meaningful judicial review" of his case.
and senior vice president for The Boeing Company. In his resignation letter, Luttig wrote, "Boeing may well be the only company in America for which I would have ever considered leaving the court." He also mentioned his two children's upcoming college education; the position at Boeing promised more pay than the federal judgeship. At the time of his resignation, federal appellate judges were paid $175,100 annually. According to Boeing's 2008 Annual Report, Luttig's total compensation for 2008 was $2,798,962.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and a former federal appellate court judge
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
.
Education and early work
Born in Tyler, TexasTyler, Texas
Tyler is a city in and the county seat of Smith County, Texas, in the United States. It takes its name from President John Tyler . The city had a population of 109,000 in 2010, according to the United States Census Bureau...
, Luttig graduated from Washington and Lee University
Washington and Lee University
Washington and Lee University is a private liberal arts college in Lexington, Virginia, United States.The classical school from which Washington and Lee descended was established in 1749 as Augusta Academy, about north of its present location. In 1776 it was renamed Liberty Hall in a burst of...
in 1976. He then attended the University of Virginia School of Law
University of Virginia School of Law
The University of Virginia School of Law was founded in Charlottesville in 1819 by Thomas Jefferson as one of the original subjects taught at his "academical village," the University of Virginia. The law school maintains an enrollment of approximately 1,100 students in its initial degree program...
, where he received his Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
degree in 1981. He served briefly in the Reagan administration
Reagan Administration
The United States presidency of Ronald Reagan, also known as the Reagan administration, was a Republican administration headed by Ronald Reagan from January 20, 1981, to January 20, 1989....
, where his duties included reviewing potential judicial appointments and vetting them for ideological consistency with the administration's policies. From 1982 to 1984 he clerked
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
for then-Judge Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
of the United States Court of Appeals for the D.C. Circuit, one of the potential judges he had vetted in his prior job, and for Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
Warren Burger. Luttig later served as co-executor of Burger's one-page will that gained notoriety for Burger's failure to dictate how estate taxes should be paid. Luttig continued to work for Burger as a special assistant until 1985, when he entered private practice at the Washington office of Davis Polk & Wardwell
Davis Polk & Wardwell
Davis Polk & Wardwell LLP is an international law firm. The firm employs more than 800 attorneys worldwide and is headquartered in New York City. The firm represents many of the world's largest companies and leading financial institutions, and is best known for its corporate and litigation...
. In 1989, Luttig returned to government service, holding various positions within the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
until 1991 under George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
. His duties in the Justice Department included assisting Supreme Court nominees David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
and Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
with their Senate confirmation proceedings. His assistance of Thomas proved somewhat controversial because he assisted Thomas in his highly contested hearing
Clarence Thomas Supreme Court nomination
On July 1, 1991, President George H. W. Bush nominated Clarence Thomas for the Supreme Court of the United States to replace Thurgood Marshall, who had announced his retirement...
after his own appointment to the federal bench had been approved by the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, although he did not take office as a judge until after the Thomas hearings had concluded.
Federal judgeship
On April 23, 1991, President George H. W. BushGeorge H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
nominated Luttig to fill a newly created seat on the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
. Confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on July 26, 1991 and receiving his commission on August 2, 1991, he became the youngest judge (at age 37) on a federal appeals court.
On the bench, Luttig was compared to Justice Scalia for his analytical rigor and for criticizing his colleagues for inconsistencies or embellishments in their judicial opinions. He was also similar to Scalia in that his judicial philosophy sometimes led to what were seen as anti-conservative opinions.
Luttig was mentioned frequently as being near the top of George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
's list of potential nominees to the Supreme Court of the United States
Bush Supreme Court candidates
Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency....
despite opposition from the U.S. Chamber of Commerce and a dispute between Luttig and the Bush administration
George W. Bush administration
The presidency of George W. Bush began on January 20, 2001, when he was inaugurated as the 43rd President of the United States of America. The oldest son of former president George H. W. Bush, George W...
over the handling of the case of alleged "dirty bomber" Jose Padilla
José Padilla (alleged terrorist)
José Padilla , also known as Abdullah al-Muhajir or Muhajir Abdullah, is a United States citizen convicted of aiding terrorists....
(see below). Bush interviewed but ultimately did not choose Luttig to fill two Supreme Court vacancies in 2005.
Luttig was the leading "feeder" judge on the U.S. Court of Appeals, with virtually all of his law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
s having gone on to clerk with conservative justices on the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, a total of 40 with 33 clerking for either Justice Thomas or Justice Scalia. Luttig's clerks have nicknamed themselves "Luttigators".
John Luttig's murder
Luttig's father, John Luttig, was fatally shot in 1994 in a carjackingCarjacking
Carjacking is a form of hijacking, where the crime is of stealing a motor vehicle and so also armed assault when the vehicle is occupied. Historically, such as in the rash of semi-trailer truck hijackings during the 1960s, the general term hijacking was used for that type of vehicle abduction,...
by juvenile offender Napoleon Beazley
Napoleon Beazley
Napoleon Beazley was a convicted murderer executed by lethal injection by the State of Texas for the murder of 63-year-old Texas businessman John Luttig in 1994. Beazley shot Luttig in his garage on April 19, 1994 in order to steal his family's Mercedes-Benz car...
. Beazley was eventually executed after twice appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
ing to the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, where Justices Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
, and Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
recused themselves because of past associations with Luttig. Scalia recused himself because Luttig had clerked for him, and Justices David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
and Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
recused themselves because Luttig led the George H. W. Bush Administration's
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
efforts to gain the Senate's confirmation for them.
Some have speculated whether this tragedy influenced Luttig's judging.
Jose Padilla and clash with Bush administration
In September 2005, Luttig wrote an opinion for a three-judge panel of his court, which upheld the government's power to designate Jose PadillaJosé Padilla (alleged terrorist)
José Padilla , also known as Abdullah al-Muhajir or Muhajir Abdullah, is a United States citizen convicted of aiding terrorists....
— the alleged "dirty bomber" captured at a Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
airport — as an "enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
" and detain him in a military brig without charge. In December the Bush administration, apparently anticipating a reversal in the Supreme Court, petitioned Luttig's court for approval to transfer Padilla to civilian custody for a criminal trial. This move set off a dispute between the Bush administration and Luttig. Luttig's panel refused to grant the transfer, castigating the government for potentially harming its "credibility before the courts." The government petitioned the Supreme Court to allow the transfer, arguing that the lower court's refusal encroached on the power of the President. The Supreme Court granted the government's request.
Hamdi v. Rumsfeld
In the case of Hamdi v. RumsfeldHamdi v. Rumsfeld
Hamdi v. Rumsfeld, 542 U.S. 507 was a U.S. Supreme Court decision reversing the dismissal of a habeas corpus petition brought on behalf of Yaser Esam Hamdi, a U.S. citizen being detained indefinitely as an "illegal enemy combatant." The Court recognized the power of the government to detain enemy...
, Luttig disagreed with the majority opinion that Yaser Esam Hamdi, an American citizen captured in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
and held as an enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
, did not deserve "meaningful judicial review" of his case.
Resignation
In 2006 Luttig resigned to become general counselGeneral Counsel
A general counsel is the chief lawyer of a legal department, usually in a corporation or government department. The term is most used in the United States...
and senior vice president for The Boeing Company. In his resignation letter, Luttig wrote, "Boeing may well be the only company in America for which I would have ever considered leaving the court." He also mentioned his two children's upcoming college education; the position at Boeing promised more pay than the federal judgeship. At the time of his resignation, federal appellate judges were paid $175,100 annually. According to Boeing's 2008 Annual Report, Luttig's total compensation for 2008 was $2,798,962.
See also
- List of law clerks of the Supreme Court of the United States
- George W. Bush Supreme Court candidates