A court of civility and controversial conservatism

Yet a study of judicial decisions by potential Bush Supreme Court nominees published by the American Judicature Society found Wilkinson exhibited a record of "exceptional conservatism," particularly in the areas of criminal justice and economics.

In a phone interview, Wilkinson rejected such labels. "I've never asked if something is conservative or liberal," he says. "I think the judge's perspective on the bench is focused very precisely on the individual parties and the individual questions in a single case."

Even if Luttig is not tapped for the Supreme Court, his influence on the court is extensive. His clerks, who help judges write draft opinions after graduating from law school, often end up later clerking for Supreme Court justices. Luttig himself clerked for Justice Scalia before ushering Clarence Thomas' nomination through the Senate as a Justice Department attorney.

The Fourth Circuit's current posture somewhat belies its past. In the 1960s and '70s, the tribunal earned a reputation as a leader in civil rights. But many judges of that era ended up retiring during the Reagan years, allowing the former president to restock the court with more conservative jurists.

President Bush, for his part, has already shown a desire to continue the Fourth Circuit's tilt to the right but also to increase the number of minorities on the bench.

The court's jurisdiction has the highest minority population of any in the country.

Yet it didn't get its first African-American until 2001, when Mr. Bush nominated Roger Gregory. Judge Gregory was something of an anomalous appointment for Bush: He was tapped for the bench by President Clinton, during a Senate recess, after strong opposition from Republicans. Bush later reaffirmed the appointment, which was temporary.

The court's three current vacancies have been the subject of far more acrimony, again going back to the Clinton era. Republican senators led by Jesse Helms of North Carolina blocked the nomination of four Clinton nominees to the court. Senate Democrats have since returned the favor, blocking the nomination of Terrence Boyle, a former aide to Sen. Helms. President Bush's two most recent nominations - two conservative African-Americans, including Allyson Duncan, who would be the court's first black woman - stand a better chance of getting confirmed.

Still, lawyers who argue before the court say a conservative majority doesn't mean its decisions are a forgone conclusion.

Similarly, members of the court's Democratic minority say they feel comfortable serving here. "There's a long tradition of judges on the court getting along well with one another and having respect for each other on a personal level," says Judge M. Blane Michael of West Virginia, a Clinton appointee.

Unlike other circuits, all the Fourth Circuit's judges meet during the same week each month. The handshakes also help maintain a cordial atmosphere."It's really important to treat litigants with respect," says Wilkinson. "I'd rather go down from the bench than simply disappear behind a curtain."

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