Conservatives' Grip on Key Virginia Court Is at Risk
By Jerry Markon and Michael D. Shear
Washington Post Staff Writers
Monday, December 18, 2006; Page A01
A growing list of vacancies on the federal appeals court in Richmond is heightening concern among Republicans that one of the nation's most conservative and influential courts could soon come under moderate or even liberal control, Republicans and legal scholars say.
A number of prominent Republican appointees have left or announced plans to leave the U.S. Court of Appeals for the 4th Circuit, which has played a key role in terrorism cases and has long been known for forceful conservative rulings and judicial personalities.
Republican concerns also are fueled by the pending Democratic takeover of Congress, as several of President Bush's 4th Circuit nominees were already bottled up in the Senate when Republicans ran it. From the GOP's perspective, the situation now will worsen.
The 4th Circuit's rulings affect everyone who lives, works or owns a business in the area, which encompasses Maryland, Virginia, West Virginia and the Carolinas. The court's influence also has been widely felt nationally, and the emerging battle over it is part of a broader struggle for control of the federal judiciary.
"I think everyone is concerned because the 4th Circuit literally hangs in the balance here," said Jay Sekulow, chief counsel for the conservative American Center for Law and Justice, who has advised the White House on judicial nominees. "With the nature of the cases the court has been taking, especially on the terrorism issue, its direction is really critical."...
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