Four years ago, Judge Diana Gribbon Motz challenged the conservatives who dominated the federal appeals court in Richmond, urging her colleagues to reverse a decision backing the Bush administration's detention of a U.S. citizen as an "enemy combatant." She called the ruling unprecedented and "chilling."
Her arguments went nowhere.
In June, Motz, the leader of the court's moderate-to-liberal wing, gave her views the force of law, ruling against President Bush in another major terrorism case involving an enemy combatant. The administration might be unable to get the full court to overturn her ruling -- there aren't enough sympathetic judges left.
Motz's ascension illustrates a remarkable turnaround: The U.S. Court of Appeals for the 4th Circuit, long considered one of the nation's most conservative appellate courts, is shifting to a moderate direction with the balance up for grabs. A growing list of vacancies -- now five -- has left the court evenly divided between Republican and Democratic appointees.
With an election year approaching, experts predict the court will tilt decisively to the left if Democrats keep control of Congress and reclaim the White House.
http://www.washingtonpost.com/wp-dyn/content/article/2007/08/07/AR2007080701896.html?hpid=topnews