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Conservative Judge Luttig Retires From 4th Circuit

By Jeralyn, Section Judiciary
Posted on Wed May 10, 2006 at 11:34:10 AM EST
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Since Judge J. Michael Luttig has been mentioned many times for a Suprme Court judgeship and is one of the most conservative judges around, I think it's good news that he submitted his resignation today. He will now be Executive Vice President and General Counsel for Boeing.

His letter of resignation to President Bush is here (pdf).

It sounds like pay was a big factor in his decision. He writes that he has two children approaching college age, and his highest obligation is to his family.

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    • Conservative Judge Luttig Retires From 4th Circuit | 11 comments (11 topical)
    Re: Conservative Judge Luttig Retires From 4th Cir (none / 0) (#1)
    by Talkleft Visitor on Wed May 10, 2006 at 12:04:33 PM EST
    I assume that if Harriet Miers could be nominated, that there is no real reason that Luttig couldn't be nominated for a seat should one come up?

    Re: Conservative Judge Luttig Retires From 4th Cir (none / 0) (#2)
    by james on Wed May 10, 2006 at 12:24:43 PM EST
    For judges that have a chance of getting nominated to SCOTUS pay isn't really an issue...(well, Scalia complains constantly about it but he's already there) It's more likely he realized he has ZERO chance of getting on SCOTUS - perhaps due to a conversation or two... If you don't have a chance and you can read the 'tea leaves' you'll go to the private sector.

    Re: Conservative Judge Luttig Retires From 4th Cir (none / 0) (#3)
    by Talkleft Visitor on Wed May 10, 2006 at 01:12:16 PM EST
    I think the fact he was highly considered and past over for the two recent SCOTUS openings drove this decision. Realizing that a judicial promotion was becoming more unlikely with every passing month, Luttig could not turn down the money Boeing offered. Honestly, who would?

    Re: Conservative Judge Luttig Retires From 4th Cir (none / 0) (#4)
    by Talkleft Visitor on Wed May 10, 2006 at 01:26:47 PM EST
    He still could be a Supreme Court Judge? As far as I can see, there is no reason for this to prevent him from being appointed to the Supreme court. Thus if Bush does maintain a majority in the Senate until another vacancy occurs, we may still be open for a fight.

    Re: Conservative Judge Luttig Retires From 4th Cir (none / 0) (#5)
    by nolo on Wed May 10, 2006 at 01:37:25 PM EST
    Supreme Court? Boeing is gonna be paying him more money than you can possibly imagine.

    Re: Conservative Judge Luttig Retires From 4th Cir (none / 0) (#6)
    by Talkleft Visitor on Wed May 10, 2006 at 01:39:32 PM EST
    Yes, he could still be a Supreme Court justice, but I think this indicates his time is past. And he won't be influencing any more 4th Circuit law.

    Re: Conservative Judge Luttig Retires From 4th Cir (none / 0) (#7)
    by Talkleft Visitor on Wed May 10, 2006 at 02:20:46 PM EST
    I agree with TL. Technically, he still could be nominated should a seat become vacant. For jurists of his prominence and reputation, typcially the decision is between public service and astronomical compensation in the private sector. In accepting the Boeing offer, Luttig is taking the money and running.

    Re: Conservative Judge Luttig Retires From 4th Cir (none / 0) (#8)
    by Talkleft Visitor on Wed May 10, 2006 at 02:27:04 PM EST
    Hadn't Luttig already lost any chance of having Bush appoint him to the Supreme Court by his lack of proper subservience to the administration in the Padilla case?

    Re: Conservative Judge Luttig Retires From 4th Cir (none / 0) (#9)
    by unbill on Wed May 10, 2006 at 05:09:43 PM EST
    Maybe he just decided to get in a fat year or two before hoping to be nominated the next time around. Money is a factor sometimes, see Abe Fortas

    Re: Conservative Judge Luttig Retires From 4th Cir (none / 0) (#10)
    by Talkleft Visitor on Wed May 10, 2006 at 06:02:10 PM EST
    I am hopeful that what Luttig sees is that Stevens is going to be around until 2008 and there is no way President Feingold-Gore-Clark is going to nominate his jerkiness. That said, I would actually prefer to see more Justices with real world experience. And Boeing might not be such a bad place, in addition to the typical corporate law issues, Boeing is actually relatively good on human issues (unless you happen to work in a backwards state like Arizona -- don't ask me how I know.)

    Re: Conservative Judge Luttig Retires From 4th Cir (none / 0) (#11)
    by squeaky on Thu May 11, 2006 at 11:43:26 AM EST
    From War & Peace:
    But a knowledgable Washington reader J has a different take: "Shocked to see the Luttig resignation. You don't give up a lifelong seat on a powerful appellate court to rake in some cash. My guess is that Luttig, who was a runner-up for the Roberts and Alito nominations, 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."
    Sounds right to me.

    Conservative Judge Luttig Retires From 4th Circuit | 11 comments (11 topical)