The Biden administration's first nominee to the 4th U.S. Circuit Court of Appeals garnered bipartisan support on Wednesday for his appellate work and faced little opposition as he appeared before the U.S. Senate Judiciary Committee for his confirmation hearing.
Democrats on the committee said nominee Toby Heytens, the Virginia state solicitor general since 2018, had a "tremendous track record" as an appellate advocate and academic. Heytens also got support from the ranking Republican on the committee and did not face any significant criticism from other members. The committee hasn't yet scheduled a vote.
Heytens, as Virginia's top appellate lawyer, has defended pandemic-related emergency orders and the state's effort to remove a 131-year-old monument in Richmond, where the 4th Circuit is based, honoring Confederate general Robert E. Lee. "One of the things that's so significant about government service is the knowledge that you're never just representing an individual in the way that you sometimes are in private practice," Heytens said. "You are representing the commonwealth as a whole. That's one of the things that makes public service so thrilling, but it also can make it a little scary sometimes.
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