In August 2018, Wilkinson wrote for the panel majority when it found that the Constitution's Eighth Amendment did not prevent Virginia from criminally prohibiting those it identified as "habitual drunkards" from possessing alcohol. Judge Diana Gribbon Motz specially concurred, arguing that the majority was ignoring "Powell v. Texas" (1968). In July 2019, the full circuit "en banc" reversed the panel by a vote of 8-7, with Motz writing for the majority and Wilkinson now writing the principal dissent. The majority and concurring opinions criticized Wilkinson for incivility and "inflammatory language", which Wilkinson defended in an additional, special dissent.