The Judge went way out on a limb to defend not just conservative principle, but the well-meaning bona fides of the executive officers pushing the original position to his fellow judges of the legitimacy and need for the military panels.
The effect of Gonzales reversal of position for this case is to say, "never mind" and pull the rug right out from under the only real friend the Administration had in the 4th Circuit. And undermines there ever being any use of their 4th Circuit opinion that Luttig had engineered...personally.
Why do the eventual criminal charges against Padilla undercut any claim that the executive has said power? That doesn't make sense to me.
Luttig seems to be arguing that he ruled on a constitutional matter based on his feelings about the specific applicant (Padilla), rather than on the merits of the constitutional argument (that the executive has a right in time of war to treat prisoners of war in military tribunals, OR turn them over to the civilian courts, when and as the see fit.
Luttig said they HAD that right, but when they used it in a way he found disconcerting, he tried to usurp the executive by ruling they had no right to send him to civilian court.
So, who was right? Well, according to the Supreme Court, the administration was right, and Luttig was wrong.
Luttig now knows he has no room for advancement, and has taken a good career move.