De Novo: A Virginia Appellate Law Blog

De Novo: A Virginia Appellate Law Blog

Jay O’Keeffe practices with Johnson, Rosen & O’Keeffe LLC. in Roanoke, Virginia, where he splits his time between appellate and business litigation. read more

Tag Archives: Fourth Circuit

Behind the Scenes at the Fourth Circuit: How the Court Decides Whether to Award Oral Argument

Posted in Oral Argument
Depressing fact of the day: The Fourth Circuit hears oral argument in about 9% of the roughly 5,000 cases it considers each year. For context, here’s the 2012 acceptance rate of each Ivy League school, according to Google: Harvard: 5.9% Yale: 6.8% Columbia: 7.4% Princeton: 8.5% Brown: 9% Dartmouth: 9.8% Penn: 12.3% Cornell: 16.2% So basically, the chance of the Fourth Circuit granting… Continue Reading

Fourth Circuit to Hear Appeals in “Obamacare” Cases

Posted in News
The Fourth Circuit is slated to hear two appeals in cases testing the constitutionality of the new federal health care law on Tuesday. (HT: VLWblog.) Acting Solicitor General Neal Katyal will defend the law against separate challenges brought by the Commonwealth of Virginia, Commonwealth v. Sebelius, No. 11-1057, and Liberty University, Liberty University v. Geithner,… Continue Reading

Keenan Nomination Watch

Posted in News
The VLW Blog reports that the Senate Judiciary Committee has unanimously approved Justice Keenan’s nomination to the Fourth Circuit. Justice Keenan is President Obama’s second nominee for one of the five open spots on that court. The National Review Online states that ranking minority member Jeff Sessions called Justice Keenan a “fine nominee.”… Continue Reading

Keenan Nomination Watch: Hearing to be Webcast; Eight Candidates Announce Interest in Potential Opening on SCV

Posted in News
Justice Keenan, who has been nominated for a seat on the 4th Circuit, will appear before the Senate Judiciary Committee on Wednesday at 4:00 p.m. Our friends at The VLW Blog report that the entire nomination hearing will be webcast. Yesterday, Virginia Lawyer’s Weekly reported that eight candidates have alerted the Virginia State Bar that they would like… Continue Reading

Snyder v. Phelps: New First Amendment Opinion from the Fourth Circuit

Posted in Opinions and Analysis
The Fourth Circuit hands down a new First Amendment decision today in Snyder v. Phelps.  Snyder is an important case for more than purely doctrinal reasons. It involves the  Westboro Baptist Church, a group noted their quaint habit of proselytizing at funerals. The Church sports a website whose address is literally so offensive that I can’t spell it out here, what with… Continue Reading

Justice Keenan Nominated to Fourth Circuit

Posted in News
On Monday, President Obama nominated Supreme Court of Virginia Justice Barbara Milano Keenan to fill one of the vacancies on the Fourth Circuit. The White House press release is here. Our friends at the VLW Blog have the story, as does WaPo and, by now, everybody with Google Reader. Not much to add. It’s hard to… Continue Reading