DeAndrea G. Benjamin

Fourth Circuit
	Court of Appeals
Judgeships
	Posts: 15
	Judges: 15
	Vacancies: 0
Judges
	Chief: Albert Diaz
	Active judges: Steven Agee, DeAndrea G. Benjamin, Nicole Berner, Albert Diaz, Roger Gregory, Pamela Harris, Toby Heytens, Allison Jones Rushing, Robert King, Paul Niemeyer, A. Marvin Quattlebaum Jr., Julius Richardson, Stephanie Thacker, J. Harvie Wilkinson, James Wynn; Senior judges:; Henry Floyd, Barbara Keenan, Diana Motz, William Traxler

Nomination Tracker
Nominee Information
	Name: DeAndrea G. Benjamin
	Court: United States Court of Appeals for the 4th Circuit
Progress
	Confirmed 156 days after nomination.
	Nominated: September 6, 2022
	ABA Rating: Qualified
	Questionnaire: Questionnaire
	Hearing: November 15, 2022
	Hearing Transcript: Hearing Transcript
	QFRs: (Hover over QFRs to read more)
	Reported: December 8, 2022
	Confirmed: February 9, 2023
	Vote: 53-44

DeAndrea Gist Benjamin is a judge to the United States Court of Appeals for the Fourth Circuit.^[1] She was first nominated by President Joe Biden (D) on September 6, 2022.^[2]^[3]^[4] Benjamin's nomination was returned to the president at the sine die adjournment of the U.S. Senate on January 3, 2023.^[5] The president renominated Benjamin on February 7, 2023. She was confirmed by the United States Senate on February 9, 2023, by a vote of 53 - 44.^[1] To see a full list of judges appointed by Joe Biden, click here.

Benjamin was a circuit court judge for the Fifth Judicial Circuit in South Carolina. She was elected to the court by the South Carolina General Assembly in February 2011 and re-elected in February 2019.^[6]^[7]^[8] Benjamin left the court in 2023 when she became a judge for the United States Court of Appeals for the Fourth Circuit.^[9]

The United States Court of Appeals for the Fourth Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the court, click here.

Judicial nominations and appointments

United States Court of Appeals for the 4th Circuit (2023-Present)

See also: Federal judges nominated by Joe Biden

On September 6, 2022, President Joe Biden (D) nominated DeAndrea G. Benjamin to the United States Court of Appeals for the 4th Circuit.^[2] Benjamin's nomination was returned to the president at the sine die adjournment of the U.S. Senate on January 3, 2023.^[10] The president renominated Benjamin on February 7, 2023.^[1] She received commission on February 21, 2023.^[9] To read more about the federal nominations process, click here.

Confirmation vote

Benjamin was confirmed by a 53-44 vote of the U.S. Senate on February 9, 2023.^[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.

DeAndrea G. Benjamin confirmation vote (February 9, 2023)
Party	Yea	Nay	No vote
Democratic	45	0	3
Republican	5	44	0
Independent	3	0	0
Total	53	44	3

Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Benjamin's nomination on November 15, 2022. Benjamin was reported to the full Senate on December 8, 2022, after a 13-9 committee vote.^[11] Benjamin's nomination was returned to the president at the sine die adjournment of the U.S. Senate on January 3, 2023.^[12] The president renominated Benjamin on February 7, 2023.^[1] Benjamin was reported to the full Senate on February 2, 2023 after a 12-8 committee vote.^[13]

Nomination

On August 9, 2022, President Joe Biden (D) announced his intent to nominate Benjamin to the United States Court of Appeals for the Fourth Circuit. The president officially nominated Benjamin on September 6, 2022.^[2]^[3] Benjamin's nomination was returned to the president at the sine die adjournment of the U.S. Senate on January 3, 2023.^[14] The president renominated Benjamin on February 7, 2023.^[1]

Benjamin was nominated to replace Judge Henry Floyd, who assumed senior status on December 31, 2021.^[3]

The American Bar Association (ABA) rated Benjamin Qualified.^[15] To read more about ABA ratings, click here.

Biography

Bildung

Benjamin received her undergraduate degree from Winthrop University in 1994 and her J.D. from the University of South Carolina School of Law in 1997.^[7]

Career

Prior to joining the state court, Benjamin served as a municipal judge for the City of Columbia from July 2004 until April 2011. Before she became a judge, Benjamin practiced law at her father's firm, Gist Law Firm, and previously served as a prosecutor for both the 5th Circuit Solicitor's Office and the Attorney General's Office.^[7]^[16] Benjamin joined the United States Court of Appeals for the Fourth Circuit on February 21, 2023.^[9]

About the court

The United States Court of Appeals for the Fourth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States.

Appeals are heard in the Lewis F. Powell Jr. Federal Courthouse in Richmond, Virginia.

Jurisdiction

Map of the Fourth Circuit. Click on a district to find out more about it.

The Fourth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Fourth Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Chief Justice John Roberts is the circuit justice for the Fourth Circuit.

The court hears appeals from the United States district courts in:

To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

The president nominates an individual for a judicial seat.
The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.

As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.

After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.

If approved, the nominee is voted on by the full Senate.
If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.

The Senate holds a vote on the candidate.

If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
If the Senate does not confirm the nomination, that nominee does not become a judge.

External links

Footnotes

↑ ^1.0 ^1.1 ^1.2 ^1.3 ^1.4 ^1.5 Congress.gov, "PN88 — DeAndrea Gist Benjamin — The Judiciary," accessed January 6, 2023
↑ ^2.0 ^2.1 ^2.2 The White House, "President Biden Names Twenty-Fifth Round of Judicial Nominees," August 9, 2022
↑ ^3.0 ^3.1 ^3.2 Congress.gov, "PN2493 — DeAndrea Gist Benjamin — The Judiciary," accessed September 7, 2022
↑ Committee on the Judiciary, "Nominations," accessed November 18, 2022
↑ Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days.
↑ South Carolina Judicial Department, "Court News: Judicial Elections," accessed December 11, 2014
↑ ^7.0 ^7.1 ^7.2 South Carolina Judicial Department: Judge DeAndrea G. Benjamin Biography
↑ South Carolina Judicial Branch, "Court News: Judicial Elections," accessed June 24, 2019
↑ ^9.0 ^9.1 ^9.2 [https://www.fjc.gov/history/judges/benjBenjamin, DeAndrea Gist President Biden Names Twenty-Fifth Round of Judicial Nominees," accessed February 23, 2023]
↑ Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days.
↑ Senate Judiciary Committee, "Results of Executive Business Meeting – December 8, 2022," December 8, 2022
↑ Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days.
↑ Committee on the Judiciary, "Results of Executive Business Meeting – February 2, 2023," accessed February 3, 2023
↑ Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days.
↑ American Bar Association, "RATINGS OF ARTICLE III AND ARTICLE IV JUDICIAL NOMINEES 117th Congress," last updated December 12, 2022
↑ South Carolina Judicial Department: Municipal Judge List

Political offices
Preceded by Henry Floyd	United States Court of Appeals for the 4th Circuit 2023-Present	Succeeded by -
Preceded by -	South Carolina 5th Circuit Court 2011-2023	Succeeded by -