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Obama picks could shift 4th U.S. Circuit

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Published: Dec. 7, 2008 at 7:19 PM

BALTIMORE, Dec. 7 (UPI) -- The Obama administration could transform the federal court system, especially the conservative-leaning 4th U.S. Circuit in Maryland, analysts say.

The Baltimore Sun reported Sunday that Republican appointees currently hold a 6-5 majority on the court, but there are already four vacancies on the court and more are expected.

The 4th Circuit handles cases dealing with federal agencies situated in Maryland and Virginia.

"This is the circuit where Obama will have the fastest chance to have the greatest impact," said Ilya Shapiro, a senior fellow at the Cato Institute, a libertarian think tank in Washington.

If Obama wins a second term, he could have a significant impact on other federal courts in Maryland since by January 2016 all of the state's sitting U.S. District judges will become eligible for senior status, which is akin to active retirement.

The 4th Circuit earned its conservative reputation in the 1990s, when it nullified the Miranda ruling that requires the accused to be advised of their rights, a decision the U.S. Supreme Court overturned.

More recently, it has ruled that the Virginia Military Institute could block women from enrolling, voided the Violence Against Women Act and declared that the U.S.Food and Drug Administration could not regulate nicotine as a drug.

© 2008 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

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