The Fourth Circuit covers North Carolina, Maryland, South Carolina and Virginia.
In her appearance before the Senate Judiciary Committee last year, Benjamin said she would engage respectfully with the state court rulings she would be reviewing.
“I have an appreciation and recognize the limited role of the appellate courts in only considering the issues that are before them,” she said. “I have committed my life to this system.”
She also said she would evaluate constitutionality on the federal bench through “the text of the Constitution” and “any historical evidence … of the drafters’ intent” — a view generally categorized as “originalist.”
There are now eight Democratic nominees and six Republican nominees serving as active judges on the Fourth Circuit. Including senior judges, who continue to hear some but not all cases, the balance is 11 Democratic nominees to six Republican nominees.
There remains an open seat on the Fourth Circuit amid disagreements between the White House and Senate. Judge Diana Gribbon Motz took senior status in September after previously saying she planned to wait for a successor to be confirmed.
Benjamin is the second woman of color to serve on the Fourth Circuit after Allyson K. Duncan, a George W. Bush appointee who retired in 2019. Benjamin is married to Stephen K. Benjamin, who served as mayor of Columbia, S.C. from 2010 to 2021.
