Wilkins' 2013 nomination to the D.C. Circuit, along with the nominations of Patricia Millett and Nina Pillard, ultimately became central to the debate over the use of the filibuster in the United States Senate, leading to the use of the nuclear option to bring it to the floor for a vote.
Wilkins was a member of the presidential commission that advised President George W. Bush on the establishment of the Smithsonian Institution's National Museum of African American History and Culture.[8] He wrote about this experience, and the long history of the project, in Long Road to Hard Truth: The 100 Year Mission to Create the National Museum of African American History and Culture, published in 2016.[5]
Wilkins v. Maryland State Police
In May 1992, Wilkins was in a rented vehicle with three other family members when they were pulled over by Maryland State Police for violating the speed limit.[9] At the time, the Maryland State Police Department instructed their officers to focus on black males in expensive vehicles when conducting traffic stops.[10] Wilkins filed suit in the case of Wilkins v. Maryland State Police and eventually won a "landmark" settlement against the state of Maryland.[10][11] As part of the case settlement, Maryland was required to maintain records of all traffic stops that resulted in vehicle search requests.[10] The case helped bring national attention to the practice of racial profiling and helped popularize the term "driving while black".[12][13]
On June 4, 2013, President Obama nominated Wilkins to serve as a United States Circuit Judge on the United States Court of Appeals for the District of Columbia Circuit, to the seat vacated by Judge David B. Sentelle, who assumed senior status on February 12, 2013.[16] On October 31, 2013, the United States Senate Committee on the Judiciary voted to report Wilkins' nomination to the floor of the United States Senate by a 10–8, party-line vote.[17][18] On November 14, 2013, Senate Majority Leader Harry Reid motioned to invoke cloture on Wilkins' nomination, seeking to end a filibuster of his nomination by Senate Republicans. The Senate failed to invoke cloture on November 18, 2013, by a 53–38 vote, with Orrin Hatch voting "present".[19] Reid planned to hold a vote on Wilkins' nomination before the Senate adjourned for the year on December 20, but the vote did not take place. Cloture was subsequently invoked on January 9, 2014, by a 55–38 vote, with Orrin Hatch voting "present".[20] He was confirmed by the United States Senate on January 13, 2014 by a 55–43 vote.[21] His confirmation marked the first time the U.S. Court of Appeals for the D.C. Circuit had a full complement of judges in over 22 years since Clarence Thomas left the court on October 23, 1991, upon his joining the United States Supreme Court.[citation needed] He received his commission on January 15, 2014.[5]
After the death of Justice Antonin Scalia on February 13, 2016, Wilkins' name was among those mentioned by court-watchers as a possible successor.[22][23][24]