In Middleton v. Andino, a majority of the Fourth Circuit’s non-disqualified judges in active service voted for rehearing en banc after Judge Childs (D.S.C.) enjoined South Carolina’s witness requirement for absentee voting in the November 2020 election.
In United States v. Curry, the Fourth Circuit held that the exigent circumstances doctrine did not justify the suspicionless stop of the defendant. The exigent circumstances doctrine, the majority opinion noted, typically involves emergencies justifying a warrantless search of a home, not an investigatory stop of a person.
In District of Columbia v. Trump, the Fourth Circuit held that the District Court of Maryland did not yet make a final decision on the President’s motion to dismiss Plaintiffs’ individual capacity claims on the grounds of absolute immunity. Therefore, the court held that it does not have jurisdiction to issue an interlocutory order.