President George W. Bush’s January decision against renominating two controversial 4th U.S. Circuit Court of Appeals nominees has significantly affected the court, which numerous observers consider the most ideologically conservative. One critical impact is that the 4th Circuit will soon have openings for a third of its 15 active judgeships, which could threaten justice’s delivery. If Bush wishes to fill the vacancies, he should work constructively with Democratic and Republican senators.
Chief Judge William W. Wilkins’ determination to assume senior status on July 1 will leave four openings. Judge H. Emory Widener has indicated that he would become senior upon a suitable nominee’s confirmation, bringing to five the positions needing to be filled. Some are long-standing. No one has replaced North Carolina’s Judge J. Dickson Phillips, who went senior 13 years ago, or Maryland’s Judge Francis D. Murnaghan, who died in 2000. Bush’s choice not to renominate North Carolina District Judge Terrence W. Boyle and Defense Department General Counsel William J. Haynes basically necessitated starting over. The difficulty of filling vacancies was compounded, as a 51-49 Democratic majority in the Senate controls nominee hearings, floor debates and votes.