Family News in Focus - Vacancies Threaten the U.S. Court of Appeals for the Fourth Circuit

December 19, 2006
by Steve Jordahl, Family News in Focus

One of the most dependable, conservative courts in the land is in danger of moving sharply to the left if President Bush cant get strict constitutionalists appointed.

Many of the decisions dealing with the War on Terror and a good number of religious liberty and free speech rulings have come from the 4th Circuit. Now, the Court has three vacant seats and another empty one on the way this summer. Jay Sekulow of the American Center for Law and Justice hopes theyre filled with justices who will carry on the 4th Circuit tradition.

It has some of the best decisions, as far as just the pure logic in the courts opinions, are some of the best read and most respected in the United States. That circuit court literally hangs in the balance right now.

He says the 4th Circuit is a necessary counter balance to the ultra-liberal ninth.

Its pretty much a five to five court right now with these vacancies and we need that to tip in our favor, so it is critical. I think we really are seeing a circuit court of appeals that we could lose direction or lose control of here.

Bruce Hausknecht of Focus on the Family Action says the seats could have been filled long ago if Senate Republicans would have stood up to the Democrats by forcing an up or down vote on the several filibustered nominees.

I think the failure to exercise the constitutional option is definitely a missed opportunity and we will see the fruit of that during the next two years.

If theres a ray of hope, its that incoming minority leader, Mitch McConnell, is promising to stand up to Democratic obstructionism in the coming years.

He has been reported as saying that if the judges are not going to get out of committee, then legislation is not going to get passed on the floor until those judges get taken care of.

Hausknecht says being in the minority may put a little fight back in the GOP.