Reproduced with permission from The United States Law Week, 82 U.S.L.W. 1133, 2/4/14. Copyright 姝2014 by
The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com
Judges
Appointments
Is the U.S. Court of Appeals for the Fourth Circuit, long known as one of the most con-
servative federal appellate courts, liberalizing? If so, to what extent? In this first of two ar-
ticles, the author looks at the frequency of the appeals court’s recent en banc rehearings
and suggests that the shift in the court from a majority of Republican appointees to a ma-
jority of Democratic appointees in the 2010-2011 term shows indications that the court is
indeed leaning to the left.
A Liberal Shift in the Fourth Circuit?
Observations From the Court’s Recent En Banc Rehearings
Part One
BYJASON G. IDILBI
The Fourth Circuit Court of Appeals has long held
the distinction as one of the most - if not the most -
conservative of the federal courts of appeals.
1
It
has been described variously as ‘‘the boldest conserva-
1
See, e.g., ‘‘A Court Becomes a Model of Conservative Pur-
suits,’’ Neil A. Lewis, May 24, 1999 (available at http://
www.nytimes.com/1999/05/24/us/a-court-becomes-a-model-of-
conservative-pursuits.html?pagewanted=all&src=pm).
The Federal appeals court based in Richmond, Va., has qui-
etly but steadily become the boldest conservative court in the
nation, in the view of scholars, lawyers and many of its own
members who say the court has issued some remarkable rul-
ings and taken a striking tone on several issues.
The court, the United States Court of Appeals for the
Fourth Circuit, which covers five mid-Atlantic and Southern
states, has in recent years evolved into the kind of bench that
staunch conservatives had hoped to create at the Supreme
Court but never quite achieved despite 12 years of Republican
appointments under Presidents Ronald Reagan and George
Bush.
The Fourth Circuit, which is one level below the Supreme
Court, is by far the most restrictive appeals court in the nation
in granting new hearings in death penalty cases, according to
several statistical studies. It is highly receptive to efforts by
states to restrict abortion, and it has blazed new trails in strik-
Jason G. Idilbi is a litigation associate at
Moore & Van Allen, with a range of white col-
lar and complex business litigation experience
before trial and appellate courts. He joined
the firm in 2012, after a clerkship with Judge
Albert Diaz of the Fourth Circuit Court of
Appeals.
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