Merhige was nominated by President
Lyndon B. Johnson on July 17, 1967, to a seat on the
United States District Court for the Eastern District of Virginia vacated by Judge
John D. Butzner Jr. He was confirmed by the
United States Senate on August 18, 1967, and received his commission on August 25, 1967. He was a member of the
Judicial Conference of the United States from 1980 to 1985. He assumed
senior status on November 30, 1986. He was a member of the
Judicial Panel on Multidistrict Litigation from 1990 to 1998. His service terminated on June 8, 1998, due to his retirement. Early in his long judicial career, Merhige ordered dozens of Virginia's public school systems to desegregate, and for a time was considered the most hated man in Richmond—under 24-hour protection by the
United States Marshals Service and with weekly protests at his home, his mother-in-law's cottage on his property was burned to the ground, and his dog tied up and shot dead. (Note: Since 1871, Virginia has had independent cities which are not politically located within counties, although some are completely surrounded geographically by a single county. This distinctive and unusual arrangement was pivotal in the Court of Appeals decision overturning Merhige's ruling). Merhige's courage and strength of character, as well as his preparation, courtesy, dedication to the rule of law and respect for the litigants before him ultimately turned that hatred into deep respect. In 1970 Judge Merhige ordered the
University of Virginia to admit women. He also clarified the rights of pregnant women to keep their jobs, and with United States Bankruptcy Judge
Blackwell Shelley handled the complex products liability litigation and bankruptcy reorganization of the A. H. Robins Company concerning the
Dalkon Shield. Moreover, by 1988, some noticed that Merhige was one of the federal judges with the lowest percentage (5%) of being overruled by appellate panels. In 1968 Merhige ruled that the conflict in
Vietnam was a war, whether or not it was a declared war, and denied the request of 96 Army reservists to avoid that combat. Merhige authored the ruling of the three federal judge panel that rejected the appeals of
Watergate criminals
G. Gordon Liddy,
Bernard Barker, and
Eugenio Martinez and upheld their criminal convictions for breaking into the office of
Daniel Ellsberg's psychiatrist. ==Retirement, death and legacy==