University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 2010 Fourth Circuit Judicial Appointments Carl W. Tobias University of Richmond,
[email protected] Follow this and additional works at: http://scholarship.richmond.edu/law-faculty-publications Part of the Courts Commons, and the Judges Commons Recommended Citation Carl Tobias, Fourth Circuit Judicial Appointments, 61 S. C. L. Rev. 445 (2010) This Article is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact
[email protected]. FOURTH CIRCUIT JUDICIAL APPOINTMENTS CARL TOBIAS• Federal judicial selection has become increasingly controversial.1 Accusations and recriminations, divisive partisanship, and continuing paybacks have suffused the appellate court confirmation process.2 These phenomena were pervasive during the George W. Bush Administration, particularly affecting his appointments to the United States Court of Appeals for the Fourth Circuit. Instructive examples are the nominations of U.S. District Court Judge Terrence Boyle and Department of Defense General Counsel William J. Haynes II, whom President Bush renominated multiple times, with both Democratic and Republican senators opposing Haynes's nomination.3 During President Bush's last two years in office, he proposed six nominees to fill the five vacancies in the court's fifteen