Indeed it is. But to abandon the high ground after a key legal victory is won at personal cost in the 4th Circuit Court of Appeal is neither seemly, intelligent or particularly worthy of this Administration.
Luttig is trying to sound high-minded when all he's really doing is grabbing for the brass ring at Boeing.
Actually, his resignation speech can be found here and he is in fact saying nothing about any disagreements or disappointments with the administration's sudden and embarassing reversal of its legal handling of the Padilla case.
There are other readings of the judicial tea leaves in his resignation here
So the Supreme Court abandoned the high ground, too? They, after all, agreed with the Bush administration, contra Luttig.
Luttig's friends do him no good service putting this out. It makes him look petty and childish.