Argued: September 21, 2023 Decided: April 29, 2024
Before DIAZ, Chief Judge, WILKINSON, NIEMEYER, KING, GREGORY, AGEE, WYNN, THACKER, HARRIS, RICHARDSON, QUATTLEBAUM, RUSHING, HEYTENS, and BENJAMIN, Circuit Judges.
Affirmed by published opinion. Judge Gregory wrote the opinion, in which Chief Judge Diaz, Judge King, Judge Wynn, Judge Thacker, Judge Harris, Judge Heytens, and Judge Benjamin joined.
Judge Richardson wrote a dissenting opinion, in which Judge Wilkinson, Judge Niemeyer, Judge Quattlebaum joined, and in which Judge Agee and Judge Rushing joined except for part II.A.3.
Judge Wilkinson wrote a dissenting opinion.
Judge Quattlebaum wrote a dissenting opinion, in which Judge Agee, Judge Richardson, and Judge Rushing joined.
# Title Judge Duty station Born Term of service Appointed by
Active Chief Judge
48 Chief Judge Albert Diaz Charlotte, NC 1960 2010–present 2023–present Obama
30 Circuit Judge J. Harvie Wilkinson III Charlottesville 1944 1984–present 1996–2003 Reagan
33 Circuit Judge Paul V. Niemeyer Baltimore, MD 1941 1990–present — — G.H.W. Bush
40 Circuit Judge Robert Bruce King Charleston, WV 1940 1998–present — — Clinton
41 Circuit Judge Roger Gregory Richmond, VA 1953 2000–present 2016–2023 Clinton/G.W. Bush
44 Circuit Judge G. Steven Agee Salem, VA 1952 2008–present — — G.W. Bush
47 Circuit Judge James Andrew Wynn Raleigh, NC 1954 2010–present — — Obama
50 Circuit Judge Stephanie Thacker Charleston, WV 1965 2012–present — — Obama
51 Circuit Judge Pamela Harris Bethesda, MD 1962 2014–present — — Obama
52 Circuit Judge Julius N. Richardson Columbia, SC 1976 2018–present — — Trump
53 Circuit Judge A. Marvin Quattlebaum Greenville, SC 1964 2018–present — — Trump
54 Circuit Judge Allison Jones Rushing Asheville, NC 1982 2019–present — — Trump
55 Circuit Judge Toby J. Heytens Alexandria, VA 1975 2021–present — — Biden
56 Circuit Judge DeAndrea G. Benjamin Columbia, SC 1972 2023–present — — Biden
57 Circuit Judge Nicole Berner Baltimore, MD 1965 2024–present — — Biden