"We thought it was a conservative court," Rona said.

"This is vitally important stuff," he says, "especially now because we're facing a far more conservative country, and a conservative court."

The Fourth Circuit, one of the most conservative appellate courts in the country, could issue its opinion any time.

Fath was one of 12 newspapers that the conservative courts ordered closed on Sunday.

Later, nine other conservative court of appeals nominees were also filibustered.

Yet the conservative court's decisions have met with only tepid responses from critics in the rest of government.

"But, in an increasingly conservative court, at least her vote was in play."

Then a more conservative court rediscovered it and restored its original intent.

The current conservative court is not hostile to law enforcement or presidential power.

The decision was seen as a rare triumph for defendants before a conservative court that frequently sided with prosecutors.