Word on the street is that Judge Floyd's chances of elevation to the Fourth Circuit are looking up. Judge Floyd is clearly Senator Graham's first pick, but the Administration has expressed concern over Floyd's Padilla opinion and service as a Democratic legislator in the General Assembly.
Now that Dubya's good friend Alberto Gonzales is coming under fire, these concerns are fading away. Next week Gonzales's is scheduled to appear before the Senate Judiciary Committee, which is widely viewed as a crucial test for the embattled attorney general. Senator Graham is assisting the White House in the preparation of Gonzales for the hearings. Dubya will owe Graham one for this help. Hence, Judge Floyd will be promoted to the Fourth Circuit. That's where I'd put my money.