The Full Read · Article by Article
Toby Jay Heytens
Fourth Circuit · appt. Biden
7/7
🥇 Fit for the Bench
1Ethics & Recusalcritical
72%★ earned
“No man is allowed to be a judge in his own cause.” — Madison, Federalist No. 10
Former Virginia Solicitor General and law professor with no documented disclosure, gift, or recusal problems.
2Fidelity to Democracycritical
74%★ earned
“…a government of laws, and not of men.” — Marshall, Marbury v. Madison
No documented conduct undermining elections or precedent; respects the constitutional order in published work.
3Judicial Temperament
73%★ earned
“Justice must satisfy the appearance of justice.” — Frankfurter
No documented civility complaints; well-regarded as a careful appellate practitioner and teacher.
4Reason, Not Ideology
72%★ earned
“We are not final because we are infallible…” — Robert H. Jackson
Opinions reflect conventional legal reasoning; no documented pattern of ideological rhetoric.
5Intellectual Honesty & Precedent
72%★ earned
“…to stand by things decided.” (stare decisis) — the common-law maxim
No documented departures from precedent or confirmation testimony; academic record of candor.
6Independence from Party
68%★ earned
“The complete independence of the courts of justice is peculiarly essential.” — Hamilton, Federalist No. 78
Biden appointee; record too recent to show extensive crossings, no documented partisan pattern.
7Personal Integrity
75%★ earned
“The time is always right to do what is right.” — Martin Luther King Jr.
No documented corruption, criminal, or civil matters; clean personal record.
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Scores are Independent 2026’s own editorial read against the Seven Articles — ≥60% earns the star. The first two Articles are critical: fail Ethics & Recusal or Fidelity to Democracy and there is no seal, whatever else holds. Each Article carries its founding quote as the yardstick. On bias →