The Fourth Circuit, which twenty years ago had a strong claim to being the best federal court of appeals, now has probably sunk below the Ninth Circuit as the worst. We shall see whether that changes.
The court, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, has 15 active judgeships.
If you rely on judicial ideology and count the very liberal Roger Gregory (first recess-appointed by Clinton, then appointed to a lifetime position by GW Bush) as a Democratic appointee, the court has 9 appointees of Democratic presidents versus 6 appointees of Republican presidents.
Longtime conservative stalwarts J. Harvie Wilkinson (appointed by Reagan) and Paul Niemeyer (appointed by GHW Bush) have for years been eligible to take senior status. Steven Agee (appointed by GW Bush) is also eligible.
Any improvement in the court will come from replacing its Democratic appointees. James Wynn has opted to take senior status effective upon the confirmation of his successor. Roger Gregory, 71 years old, and Robert King, 84, are also eligible. Albert Diaz becomes senior-eligible next December, but he has just become chief judge and is unlikely to give that up soon.
In sum, it’s possible to see the restoration on the Fourth Circuit of a conservative majority, but it won’t be easy.