Even after the confirmation of Stephen Agee, there remain four unfilled seats on the U.S. Court of Appeals for the Fourth Circuit. Given there are 15 seats on the Fourth, the court is over 25% vacant. As the ABA Journalreports, the court is also at a tipping point. Whereas the Fourth could once be considered the most conservative circuit court int he nation, if these seats remain unfilled through the end of the year, November’s election will determine the court’s future. I have more on the Fourth Circuit and the ABA Journal story on the VC here.