S. Elizabeth Gibson - Nomination To The Fourth Circuit

Nomination To The Fourth Circuit

On October 26, 2000, on the recommendation of Sen. John Edwards, President Clinton nominated Gibson to a vacancy on the Fourth Circuit that was created by the death the previous year of Judge Samuel James Ervin III. With just two weeks until the presidential election and opposition to North Carolina appeals-court judicial nominees throughout Clinton's entire presidency by North Carolina Sen. Jesse Helms, Gibson's nomination languished. "The good thing for me is I have a job right now that I love," Gibson told the Raleigh News and Observer in an article that was published on October 28, 2000. "So if this works out, that would be great. If not, that's OK."

Since Gibson was nominated after July 1, 2000, the unofficial start date of the Thurmond Rule during a presidential election year, no hearings were scheduled on her nomination, and the nomination was returned to Clinton at the end of his term. President George W. Bush chose not to renominate Gibson to the Fourth Circuit.

In 2003, President Bush nominated Allyson Duncan to the Fourth Circuit seat to which Gibson had been nominated. The U.S. Senate confirmed Duncan later that year.

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