George Holding, the Republican-appointed U.S. attorney for North Carolina's eastern district, expressed some angst over changes in the U.S. Court of Appeals for the 4th Circuit, which includes North Carolina.
Holding was attending the conservative Federalists Society annual convention in Washington last week when he stepped to the microphone to ask a question of U.S. Sen. Jeff Sessions, a Republican from Alabama, National Law Journal reports.
"I'm concerned about the changing makeup of the 4th Circuit," said Holding, who was appointed by then-President George W. Bush.
Sessions said he was bothered by the criminal case rulings of a Maryland nominee but indicated Republicans are not eager to block many judges.
"We've resisted filibusters of judges, thinking it's not a good idea," Sessions said.
The White House has announced four nominees for the 4th Circuit, based in Richmond, Va., two of whom are from North Carolina.
Holding is due to be replaced by a Democratic appointee, as is routine when a different party takes over the White House, but U.S. Sen. Kay Hagan, a Democrat, has suggested Holding stay to finish investigations of former Gov. Mike Easley and former U.S. Sen. John Edwards, both Democrats.
Obama's appointments to the 4th Circuit may not transform the court as much as conservatives fear and liberals hope, the National Law Journal story suggests.
But while his White House has prioritized filling its vacancies, lawyers who follow the Richmond, Va.-based court say the four nominees Obama has named are not necessarily going to remake its historically conservative outlook. That's because Obama has avoided pulling from the ranks of liberal organizations or selecting others who would be obvious targets for Republican senators. As with most of Obama's picks for the bench, his 4th Circuit nominees are sitting judges. While their rulings will be picked over for vulnerabilities, they are unlikely to face criticism for provocative journal articles, as nominees from academia sometimes are, or for their choice of clients, as nominees from private practice are. Two have experience as military judges. The other two worked early in their careers as prosecutors.
