The Fourth Circuit Enemy Combatant DecisionMike Rappaport

Surprisingly, this 2-1 decision was rendered by a panel that included two judges appointed by (the latter) President Bush, and one appointed by President Clinton.  But one of the Bush appointees was a district court judge, and presidents consider their ideology much less than they do when appointing circuit court judges.      

Update: Thomas in the comments points out that Judge Gregory, the Circuit Court Judge, had originally been  recess appointed by President Clinton and was only appointed by President Bush as a gesture of political good faith.  I remembered the incident, but hadn’t remembered it was Judge Gregory.   

So with this correction, the decision makes more sense.  The two Clinton appointees voted that U.S residents could not be incarcerated indefinitely without being charged, and the Bush appointee (from the District Court) dissented.