Document Type

Article

Publication Title

South Carolina Law Review

Abstract

Last term, the Fourth Circuit heard three cases en banc. One case, Manning v. Caldwell, involved a challenge to Virginia's habitual drunkard statute. In Manning, the Fourth Circuit split 8-7. The majority opinion, written jointly by Judges Motz and Keenan, garnered eight votes. The principal dissent, authored by Judge Wilkinson, was joined by five judges. Judge Diaz wrote a separate dissent. While the various opinions in Manning are interesting, this Article is not about their reasoning. It is about the conflict they revealed. Judge Keenan wrote a separate concurrence lamenting the tone of the principal dissent, and Judge Wilkinson wrote a special dissent defending himself. These opinions are noteworthy for a court known for its collegiality.

First Page

759

Volume

71

Publication Date

2020

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