Gelineau, Kristen. “Court: ‘Dirty bomb’ suspect can be held.” SFGate.com, September 9, 2005.

Summary: The 4th U.S. Circuit Court of Appeals has ruled that, in time of war or pseudo-war, the president has the authority to detain a citizen of the United States indefinitely, without trying him, giving him a hearing, or even filing charges against him, simply by affirming that he is an “enemy combatant.”

Michael Luttig, one of the three members of the panel that issued this ruling, is on Bush's short list of candidates for the Supreme Court vacancy.