HANDICAPPING THE OTHER VACANCY: Today's WaPo reports

A federal appeals court ruled today that the president can indefinitely detain a U.S. citizen captured on U.S. soil in the absence of criminal charges, holding that such authority is vital to protect the nation from terrorist attacks.

The decision by the U.S. Court of Appeals for the 4th Circuit came in the case of Jose Padilla, a former Chicago gang member who was arrested in Chicago in 2002 and designated an "enemy combatant" by President Bush. ...

Padilla, a U.S. citizen, has been held without trial in a U.S. naval brig for more than three years ....

The decision by a three-judge panel was written by Judge J. Michael Luttig, who sources have said is under consideration by President Bush for nomination to the U.S. Supreme Court.