The Fourth Circuit today unanimously affirmed the dismissal of a damages claim brought against several high-ranking government officials by Jose Padilla and his mother, Estela Lebron. Judge Wilkinson authored the opinion in Lebron v. Rumsfeld, in which Judge Motz and Judge Duncan joined.
Ken Anderson of The Volokh Conspiracy has flagged some early critical commentary by Steve Vladeck has some early critical commentary at Lawfare, which will be the best one-stop destination for quick expert analyses of the decision. I have not yet read Judge Wilkinson’s opinion in full, but the outcome is entirely unsurprising under existing law. I assume that parts would have been written differently if Judge Motz or Judge Duncan had written the opinion, but the unanimity of that particular three-judge panel is a strong indicator that the proposed Bivens action never had a chance.