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On April 25, 2022, the application was denied over the dissents of Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch. [9] The case was heard in the court of appeals on September 16, 2022, and decided on May 23, 2023. [10] The Fourth Circuit, by a 2 to 1 vote, reversed the district court and restored the new admission plan.
From 2000 to 2008, the U.S. Court of Appeals for the 4th Circuit had the highest rate of non-publication (92%), and more than 85% of the decisions in the 3rd Circuit, 5th Circuit, 9th Circuit, and 11th Circuit went unpublished. [6] Depublication is the power of a court to make a previously published order or opinion unpublished.
The Chief Justice is always assigned to the Fourth Circuit as the circuit justice, due to Richmond's close proximity to Washington, D.C. [citation needed] The Fourth Circuit is considered an extremely collegial court. By tradition, the judges of the Fourth Circuit come down from the bench following each oral argument to greet the lawyers. [9] [10]
John Michael Luttig (/ ˈ l uː t ɪ ɡ / LOO-tig; born June 13, 1954) is an American lawyer and jurist who served as a U.S. circuit judge on the United States Court of Appeals for the Fourth Circuit from 1991 to 2006. Luttig resigned his judgeship in 2006 to become the general counsel of Boeing, a position he held until 2019.
The Tenth Circuit was created in 1929 by subdividing the existing Eighth Circuit, and the Eleventh Circuit was created in 1981 by subdividing the existing Fifth Circuit. The Federal Circuit was created in 1982 by the merger of the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims.
Simkins v. Moses H. Cone Memorial Hospital, 323 F.2d 959 (4th Cir. 1963), [1] was a federal case, reaching the Fourth Circuit Court of Appeals, which held that "separate but equal" racial segregation in publicly funded hospitals was a violation of equal protection under the United States Constitution.
In July 2019, the full circuit en banc reversed the panel by a vote of 8–7, with Motz writing for the majority and Wilkinson now writing the principal dissent. [ 26 ] [ 27 ] The majority and concurring opinions criticized Wilkinson for incivility and "inflammatory language", which Wilkinson defended in an additional, special dissent.
Gregory was the first judge nominated to the Fourth Circuit by Bush and confirmed by the United States Senate and is the first black judge to serve on the Fourth Circuit. [5] He received his commission on July 25, 2001. [6] Gregory became chief judge on July 8, 2016. [7] and served a seven-year-term through July 8, 2023.