4th circuit nominees worry U.S. attorney

George Holding, the Republican-appointed U.S. attorney for North Carolina's eastern district, expressed angst about changes in the U.S. Court of Appeals for the 4th Circuit, which includes North Carolina.

Holding was attending the conservative Federalist Society's 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, the 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. Holding asked Sessions to comment.

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: state Court of Appeals Judge Jim Wynn of Raleigh and Superior Court Judge Albert Diaz of Charlotte.

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."

Perdue rising in polls

Another poll shows Gov. Bev Perdue clawing her way out of basement-dwelling public support numbers.

Perdue received 30 percent approval in a survey released Monday by Public Policy Polling, a Democratic firm. It's the first time since June that the group's survey has shown Perdue's approval out of the 20s.

The poll showed 49 percent of respondents disapprove, and 22 percent were unsure.

PPP attributed the rise to Democrats warming back up to Perdue. Last month, more Democrats disapproved of her job performance than approved, but in the current poll, 46 percent approved versus 32 percent who did not. The poll surveyed 711 North Carolina voters from Nov. 9 to 11 and has a margin of error of 3.7percent.

A Civitas Institute poll last week also showed Perdue's numbers rising.

Where are the snakes?

Add talk show host and comedianWanda Sykes to the list of national shows that have taken a shot at U.S. Rep. Virginia Foxx, a Republican from Banner Elk.

On her Saturday night show, Sykes derided Foxx's most recent outrage-inducing remark - that health care reform legislation poses a greater danger than any terrorist. Sykes said that sounds like something actors are paid to say, such as Samuel L. Jackson's profanity-laced lines from "Snakes on a Plane."

"That just shows you how much money they are being paid by insurance lobbies," Sykes said. "Nobody says crazy stuff like that for real. That's made up! You get paid to play a role like that. When they say stuff like that, you know what I hear? 'Enough is enough! I have had it with these ... snakes on this ... plane!' That's what I hear. It's crazy."

By staff writers Mark Johnson and Brooke Cain

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