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James Dennis

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James Dennis

Nonpartisan

United States Court of Appeals for the 5th Circuit

Tenure

2022 - Present

Years in position

Prior offices:

United States Court of Appeals for the 5th Circuit

Years in office: 1995 - 2022

Predecessor:Charles Clark (Nonpartisan)

Successor:Dana Douglas (Nonpartisan)

Education

Bachelor's

Louisiana Tech University, 1959

Law

Louisiana State University, Paul M. Hebert Law Center, 1962

Graduate

University of Virginia School of Law, 1984

Personal

Birthplace

Monroe, LA

James L. Dennis is afederal judge onsenior status with theUnited States Court of Appeals for the 5th Circuit. He was nominated to the court by PresidentBill Clinton (D) on January 31, 1995. He was confirmed by theSenate on September 28, 1995.^[1] On May 13, 2021, Dennis announced that he would assumesenior status once his successor was confirmed.^[2]^[3]

Early life and education

Born inMonroe, Louisiana, Dennis earned his B.A. from Louisiana Tech University in 1959 and hisJ.D. from Louisiana State University's Paul M. Hebert Law Center in 1962. Dennis also holds aLL.M. degree from the University of Virginia Law School, which he earned in 1984.^[1]

Military career

Dennis served in the United States Army from 1955 to 1957.^[1]

Professional career

1975-1995: Associate justice,Supreme Court of Louisiana
1974-1975: Judge,Louisiana Second Circuit Court of Appeal
1972-1974: Judge,4th Judicial District, Louisiana
1968-1972: State representative,Louisiana
1962-1972: Private practice, Monroe,Louisiana^[1]

Judicial career

Fifth Circuit Court of Appeals

Nomination Tracker

Nominee Information
Name: James L. Dennis
Court:United States Court of Appeals for the 5th Circuit
Progress
Confirmed 477 days after nomination.
ANominated: June 8, 1994
AABA Rating:Unanimously Qualified
Questionnaire:
AHearing: September 14, 1994

QFRs:(Hover over QFRs to read more)

AReported: July 20, 1995
AConfirmed: September 28, 1995
AVote: Voice vote
AReturned: November 14, 1994

Dennis was first nominated to theUnited States Court of Appeals for the 5th Circuit by PresidentBill Clinton on September 14, 1994, to a seat vacated byCharles Clark. TheAmerican Bar Association rated DennisUnanimously Qualified for the nomination.^[4] Hearings on Dennis' nomination were held before theUnited States Senate Committee on the Judiciary on September 14, 1994. Under Rule XXXI, paragraph six, of the standing rules of the Senate, Dennis' nomination was returned to the president on November 14, 1994. President Clinton resubmitted Dennis' nomination on January 31, 1995, and his nomination was reported by U.S. Sen.Orrin Hatch (R-Utah) on July 20, 1995. Dennis was confirmed on a voice vote of theUnited States Senate on September 28, 1995, and he received his commission on October 2, 1995.^[1]^[5]^[6]

Noteworthy cases

Big Tyme Investments, LLC v. Edwards & 910 E Main, LLC v. Edwards (2021)

See also:Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020

Big Tyme Investments, LLC v. Edwards & 910 E Main, LLC v. Edwards: On January 13, 2020, the U.S. Court of Appeals for the Fifth Circuit upheld GovernorJohn Bel Edwards' (D) authority to order COVID-19-related bar closures and alcohol restrictions. The Fifth Circuit affirmed the decisions of two lower courts, dismissing arguments that Edwards’ order violated the Equal Protection Clause of the Fourteenth Amendment. The case was heard by Circuit JudgesJames Dennis, a Bill Clinton (D) appointee;Stephen Higginson, a Barack Obama (D) appointee; andDon Willett, Donald Trump (R) appointee. Higginson authored the opinion, and Willett filed a separate concurrence. In response to the decision, Edwards said, "None of the decisions I have made for the past 10 months have been easy, especially when it comes to limiting businesses, and I am pleased that another court has upheld what I have always said: that these orders are completely constitutional, legal and necessary to protect public health." At the time of the ruling, the plaintiffs did not indicate whether they would appeal the decision.^[7]^[8]^[9]

First Amendment rights in Texas public meeting (2009)

See also:United States Court of Appeals for the 5th Circuit (Avinash Rangra; Anna Monclova, v. Frank D. Brown, District Attorney, No. 06-51587)

Dennis wrote the opinion in the case Rangra v. Brown, concerning the application ofFirst Amendment rights within the context of the Texas Open Meetings law. The case was appealed from theWestern District of Texas, where it was ruled that "the First Amendment affords absolutely no protection to speech by elected officials made pursuant to their official duties." Dennis, along with JudgesJacques Wiener, Jr. andRhesa Barksdale, disagreed and sent the case back to the trial court for review. They suggested that the "trial court had not properly considered whether the statute was constitutional."^[10]^[11]