On December 24, 1995, in the hope of integrating the Fourth Circuit, US President Bill Clinton nominated James A. Beaty Jr., an African-American judge of the United States District Court for the Middle District of North Carolina, to a Fourth Circuit seat vacated by Judge James Dickson Phillips Jr. in 1994, when he took senior status.

[2] Almost immediately, Beaty's nomination ran into opposition from Jesse Helms, who was angry that Clinton had refused to renominate Boyle to the Fourth Circuit.

On May 9, 2001, Boyle was renominated by President George W. Bush to the Fourth Circuit, this time to the seat vacated by Phillips Jr, but his nomination was never brought to a vote on the floor of the Senate.

In April 2006, Senate Majority Leader Bill Frist said he would try to schedule a vote in May on the nomination of Boyle.

[3] No vote occurred, however; with the Democrats taking over the US Senate in the 110th Congress, Boyle's confirmation chances markedly decreased.

[citation needed] Phillips was ultimately succeeded by James Andrew Wynn, who was nominated by Barack Obama.