United States Court of Appeals for the Fifth Circuit
| Fifth Circuit |
|---|
| Court of Appeals |
 |
| Judgeships |
| Posts: 17 |
| Judges: 17 |
| Vacancies: 0 |
| Judges |
| Chief:Jennifer Elrod |
| Active judges: Dana Douglas,Stuart Kyle Duncan,Jennifer Elrod,Kurt Engelhardt,James Graves,Catharina Haynes,Stephen Higginson,James C. Ho,Edith Jones,Andrew Oldham,Irma Ramirez,Priscilla Richman,Jerry Smith,Leslie Southwick,Carl Stewart,Don Willett,Cory Wilson Senior judges: |
TheUnited States Court of Appeals for the Fifth Circuit is afederal appellate court with appellatejurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to theSupreme Court of the United States. Appeals are heard in the John Minor Wisdom U.S. Courthouse inNew Orleans, Louisiana.
Vacancies
- See also:Current federal judicial vacancies
There are no current vacancies on theFifth Circuit, out of the court's 17 judicial positions.
Pending nominations
There are no pending nominees for this court.
Active judges
Article III judges
| Judge | Appointed By | Assumed Office | Bachelors | Law |
|---|---|---|---|---|
| April 4, 1985 - | Cornell University, 1971 | University of Texas School of Law, 1974 | ||
| December 21, 1987 - | Yale University, 1969 | Yale Law School, 1972 | ||
| May 9, 1994 - | Dillard University, 1971 | Loyola University, New Orleans School of Law, 1974 | ||
| June 3, 2005 - | Baylor University, 1975 | Baylor University School of Law, 1977 | ||
| October 19, 2007 - | Baylor University, 1988 | Harvard Law School, 1992 | ||
| October 29, 2007 - | Rice University, 1972 | University of Texas School of Law, 1975 | ||
| April 18, 2008 - | Florida Institute of Technology, 1983 | Emory University School of Law, 1986 | ||
| February 15, 2011 - | Millsaps College, 1975 | Syracuse University College of Law, 1980 | ||
| November 2, 2011 - | Harvard University, 1983 | Yale Law School, 1987 | ||
| January 2, 2018 - | Baylor University, 1988 | Duke University School of Law, 1992 | ||
| January 4, 2018 - | Stanford University, 1995 | University of Chicago, 1999 | ||
| May 1, 2018 - | Louisiana State University, 1994 | Louisiana State University, Paul M. Hebert Law Center, 1997 | ||
| May 10, 2018 - | Louisiana State University, 1982 | Louisiana State University, Paul M. Hebert Law Center, 1985 | ||
| July 19, 2018 - | University of Virginia, 2001 | Harvard Law School, 2005 | ||
| July 3, 2020 - | University of Mississippi, 1992 | Yale Law School, 1995 | ||
| December 16, 2022 - | Miami University of Ohio, 1997 | Loyola University New Orleans College of Law, 2000 | ||
| December 8, 2023 - | West Texas State University, 1986 | Southern Methodist University, Dedman School of Law, 1991 |
Active Article III judges by appointing political party
Below is a display of the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.
- Democratic appointed: 5
- Republican appointed: 12
Senior judges
Senior status is a classification forfederal judges at all levels who are semi-retired. Senior judges are Article III judges who, having met eligibility through age and service requirements, continue to serve on federal courts while typically hearing a reduced number of cases. Some senior judges, however, elect to retain a full caseload after taking senior status. According to the Administrative Office of U.S. Courts, senior judges "typically handle about 15 percent of the federal courts' workload annually."[1] The date listed under assumed office in the table below reflects the date that the judge took senior status.
| Judge | Appointed By | Assumed Office | Bachelors | Law |
|---|---|---|---|---|
| April 7, 1999 - | Tulane University, 1955 | Tulane University Law School, 1957 | ||
| August 28, 2006 - | University of Alabama, 1960 | University of Alabama School of Law, 1961 | ||
| August 8, 2009 - | U.S. Military Academy, 1966 | University of Mississippi Law Center, 1972 | ||
| September 30, 2010 - | Tulane University, 1956 | Tulane University Law School, 1961 | ||
| February 3, 2012 - | University of Houston, 1968 | University of Houston Law Center, 1972 | ||
| December 31, 2013 - | Smith College, 1959 | Yale Law School, 1962 | ||
| December 31, 2016 - | Tulane University Law School, 1960 | |||
| October 3, 2017 - | University of Mississippi, 1959 | University of Mississippi Law Center, 1962 | ||
| May 14, 2018 - | University of Alabama, 1969 | Tulane University Law School, 1972 | ||
| December 13, 2022 - | Louisiana Tech University, 1959 | Louisiana State University, Paul M. Hebert Law Center, 1962 |
Senior judges by appointing political party
Below is a display of the number of senior judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.
- Democratic appointed: 3
- Republican appointed: 7
Former chief judges
In order to qualify for the office ofchief judge in an Article III circuit or district court, or on theUnited States Court of International Trade, a judge must be in active service and hold seniority over the court's commissioned judges who are 64 years of age or under, have served one year or more, and have not previously served as chief judge.[2]
In the event that no judge on the court meets those qualifications, the youngest judge in regular active service aged 65 years or more and who has served as a judge for one year or more shall become chief judge. If no judge meets those qualifications, the judge holding seniority in active service who has not served as chief before shall become the chief judge.[3][4][5]
The chief judge serves for a term of seven years until another judge becomes eligible to serve in the position. No judge is permitted to serve as chief judge after reaching the age of 70 years unless no other judge is qualified to serve.[3][4][5]
Unlike the chief justice of the United States, a chief judge returns to active service after the expiration of their term and does not create a vacancy on the court by the fact of their promotion.[2][3][4][5]
On theUnited States Court of Federal Claims, the chief judge is selected by thepresident of the United States. The judge must be less than 70 years of age. A chief may serve until they reach age 70 or until another judge is designated by the president as the new chief judge. If the president selects a new chief judge, the former chief judge may continue active service on the court for the remainder of their appointed term.[6]
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Former judges
For information on former judges, seeformer judges of the Fifth Circuit.
Jurisdiction
The Fifth Circuit hasappellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by theUnited States Court of Appeals for the Fifth Circuit are petitioned to theSupreme Court of the United States. JusticeSamuel Alito is thecircuit justice for theFifth Circuit.
The United States Court of Appeals for the Fifth Circuit has appellatejurisdiction over thedistrict courts in the followingdistricts:
- Eastern District of Louisiana
- Middle District of Louisiana
- Western District of Louisiana
- Northern District of Mississippi
- Southern District of Mississippi
- Eastern District of Texas
- Northern District of Texas
- Southern District of Texas
- Western District of Texas
Caseloads
This section contains court management statistics dating back to 2010. It was last updated in September 2025. Click[show] below for more information on caseload terms and definitions.
| Caseload statistics explanation | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Term | Explanation | ||||||||
| Cases filed and terminated | The number of civil and criminal lawsuits formally initiated or decided by the court in a calendar year. The chart below reflects the table columnsCases filed andCases terminated. | ||||||||
| Average time from filing to disposition | The average amount of time, in months, from a case's date of filing to date of disposition (acquittal, sentencing, dismissal, etc.). The chart below reflects the table columnsMedian time (Criminal) andMedian time (Civil). | ||||||||
| Starting case load | The number of cases pending from the previous calendar year. | ||||||||
| Cases filed | The number of civil and criminal lawsuits formally initiated in a calendar year. | ||||||||
| Cases terminated | The total number of civil and criminal lawsuits decided by the court in a calendar year. | ||||||||
| Remaining cases | The number of civil and criminal cases pending at the end of a given year. | ||||||||
| Median time (Criminal) | The average amount of time, in months, from a case's date of filing to the date of disposition. In criminal cases, the date of disposition occurs on the day of sentencing or acquittal/dismissal. | ||||||||
| Median time (Civil) | The average amount of time, in months, from a case's date of filing to the date of disposition. | ||||||||
| Three-year civil cases | The number and percent of civil cases that were filed more than three years before the end of the given calendar year. | ||||||||
| Vacant posts | The number of months during the year an authorized judgeship was vacant. | ||||||||
| Trial/Post | The number of trials completed divided by the number of authorized judgeships on the court. Trials include evidentiary trials, hearings on temporary restraining orders, and preliminary injunctions. | ||||||||
| United States Court of Appeals for the Fifth Circuit caseload stats, 2010-2024 | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Year | Appeals Filed | Appeals Terminated | Pending Appeals | Terminations on the Merits (per Active Judge) | Procedural Terminations (per Active Judge) | Total Written Decisions (per Active Judge) | Number of Judgeships | Number of Sitting Senior Judges | Number of Vacant Judgeship Months | Median Time From Filing Notice of Appeal to Disposition | |
| 2010 | 7,512 | 7,529 | 4,689 | 632 | 172 | 201 | 17 | 6 | 15 | 11 | |
| 2011 | 7,413 | 7,634 | 4,464 | 640 | 157 | 195 | 17 | 6 | 11 | 10 | |
| 2012 | 7,627 | 7,299 | 4,790 | 645 | 109 | 198 | 17 | 7 | 16 | 9 | |
| 2013 | 7,455 | 7,547 | 4,694 | 745 | 139 | 229 | 17 | 7 | 24 | 9 | |
| 2014 | 7,765 | 7,996 | 4,638 | 807 | 156 | 225 | 17 | 8 | 29 | 9 | |
| 2015 | 7,636 | 7,398 | 4,876 | 769 | 130 | 233 | 17 | 6 | 24 | 9 | |
| 2016 | 8,470 | 8,092 | 5,252 | 828 | 133 | 259 | 17 | 6 | 24 | 9 | |
| 2017 | 7,075 | 7,562 | 4,758 | 740 | 115 | 236 | 17 | 8 | 39 | 10 | |
| 2018 | 7,525 | 7,658 | 4,625 | 621 | 110 | 194 | 17 | 7 | 54 | 9 | |
| 2019 | 6,984 | 6,998 | 4,611 | 596 | 82 | 184 | 17 | 9 | 24 | 9 | |
| 2020 | 6,277 | 5,743 | 5,138 | 565 | 78 | 172 | 17 | 8 | 12 | 10 | |
| 2021 | 6,386 | 7,089 | 4,434 | 572 | 79 | 180 | 17 | 7 | 0 | 10 | |
| 2022 | 5,782 | 6,549 | 3,662 | 629 | 66 | 188 | 17 | 8 | 4 | 9 | |
| 2023 | 5,499 | 5,868 | 3,292 | 581 | 67 | 160 | 17 | 8 | 12 | 8 | |
| 2024 | 5,368 | 5,336 | 3,324 | 496 | 74 | 129 | 17 | 8 | 0 | 8 | |
| Average | 6,985 | 7,087 | 4,483 | 658 | 111 | 199 | 17 | 7 | 19 | 9 | |
History
In 1980, the Fifth Circuit's jurisdiction was split with the Fifth Circuit Court of Appeals Reorganization Act and the Eleventh Circuit Act. At that point, the states of Mississippi, Louisiana, and Texas became the new Fifth Circuit, while Alabama, Georgia, and Florida became the newUnited States Court of Appeals for the Eleventh Circuit.[7]
The Fifth Circuit played a role in the Civil Rights Movement, hearing many noteworthy cases. A 1964Time Magazine article on the Fifth Circuit entitled, "The Fascinating & Frenetic Fifth," said this about the court:
| “ | Apart from the Supreme Court, the most fascinating bench in the U.S. is the Deep South's Fifth Circuit Court of Appeals — the trail-blazing intermediate court that handles most of the nation's civil rights cases by hearing appeals from district courts in Alabama, Florida, Georgia, Texas, Louisiana and Mississippi. "Without the Fifth Circuit," says a leading civil rights lawyer, "we would be on the verge of actual war fare in the South."[8][9] | ” |
Judicial posts
The following table highlights the development of judicial posts for the Fifth Circuit. The table displays the statute that authorized an increase in judgeships, the year the statute was passed, and the number of judges authorized for the court in the statute.
| Year | Statute | Total Seats |
| March 3, 1891 | 26 Stat. 826 | 2 |
| January 25, 1899 | 30 Stat. 803 | 3 |
| June 10, 1930 | 46 Stat. 538 | 4 |
| May 31, 1938 | 52 Stat. 584 | 5 |
| December 14, 1942 | 56 Stat. 1050 | 6 |
| February 10, 1954 | 68 Stat. 8 | 7 |
| May 19, 1961 | 75 Stat. 80 | 9 |
| March 18, 1966 | 80 Stat. 75 | 13 |
| June 18, 1968 | 82 Stat. 184 | 15 |
| October 20, 1978 | 92 Stat. 1629 | 26 |
| October 14, 1980 | 94 Stat. 1994 | 14 |
| July 10, 1984 | 98 Stat. 333 | 16 |
| December 1, 1990 | 104 Stat. 5089 | 17 |
Reversal rate
Since 2007, SCOTUS has released opinions in1,313 cases. Of those, it reversed a lower court decision938 times (71.4 percent) while affirming a lower court decision363 times (27.6 percent).
In that time period, SCOTUS has decided105 cases originating from the Fifth Circuit, affirming in 28 cases and reversing in 78 cases, for a reversal rate of74.3 percent. As of the end of the2023 term, of the Article III circuits—the ordinal circuits, the D.C. Circuit, and the Federal Circuit—the court with the lowest rate of overturned decisions is theFourth Circuit at 62.1 percent.
Noteworthy cases
The following are noteworthy cases heard before this court. To suggest cases we should cover here,email us. To read opinions published by this court, clickhere.
Mandatory display of the Ten Commandments in public classrooms (2024)
On June 19, 2024, Gov.Jeff Landry signed a bill into law that would require every public school classroom in Louisiana from kindergarten through college level to display the Ten Commandments by January 1, 2025. House Bill 71, sponsored by Rep.Dodie Horton (R), contains language, display, and funding specifics for classroom copies of the Ten Commandments.[10] This is not the first bill on this topic, but it is the first in the nation to pass since a similar Kentucky law was struck down by the Supreme Court in 1980.[11]
In a statement in defense of the bill, Rep. Horton said, "Given all of the junk our children are exposed to in the classrooms today, it is imperative that we put the Ten Commandments back into its historic position. We have every confidence that it will survive legal scrutiny."[12]
On June 24, a group of Louisiana parents whose children attend publicly-funded schools filed a lawsuit challenging the law. Reverend Jeff Simms, a plaintiff on the case, stated, "This new law doesn't just interfere with my and my children's religious freedom, it tramples on it. The separation of church and state means that families get to decide if, when and how their children should be introduced to religious Scripture and texts, not the state."[12][13]
On July 23, JudgeJohn W. deGravelles approved a temporary hold on the law until November 15, 2024, which was agreed on by the plaintiffs and the state. The hearing began on September 30 and lasted until mid-November.[14] On November 12, Judge deGravelles declared the law unconstitutional as it conflicted with precedent set by the U.S. Supreme Court and violated the religious rights of public school students.[15]
Louisiana Attorney GeneralLiz Murrill filed an appeal to theUnited States Court of Appeals for the Fifth Circuit after the ruling in November. On January 23, 2025, JudgesIrma Ramirez,James Dennis, andCatharina Haynes heard oral arguments for the appeal. A decision is expected in the spring of 2025.[16]
| • Fifth Circuit finds constitutional flaws in SEC enforcement (2022) | Click for summary→ |
|---|---|
| A divided three-judge panel of the United States Court of Appeals for the Fifth Circuit on May 18, 2022, found a trio of constitutional deficits with theSecurities and Exchange Commission’s (SEC) enforcement proceedings that could affect the future scope of federal agency authority.
“Congress has given the Securities and Exchange Commission substantial power to enforce the nation’s securities laws. It often acts as both prosecutor and judge, and its decisions have broad consequences for personal liberty and property. But the Constitution constrains the SEC’s powers by protecting individual rights and the prerogatives of the other branches of government,” wrote JudgeJennifer Walker Elrod in the opinion. Articles: | |
| • Fifth Circuit overturns Texas' bingo money ban (2014) | Click for summary→ |
|---|---|
| In July 2014, the Fifth Circuit, sittingen banc, ruled to allow charities to spend bingo proceeds on political speech. The Fifth Circuit, affirming a trial court opinion, found a ban against such spending unconstitutional under theFirst Amendment. Chief JudgeCarl Stewart wrote the opinion, saying that Texas "fail[ed] to identify a compelling state interest" to justify the continuation of the ban. Articles: | |
| • Parents permitted to intervene in school voucher desegregation suit (2014) Judge(s):Edith Clement,Grady Jolly andJerry Smith (Brumfield, et al v. Dodd, 13-31262) | Click for summary→ | |||
|---|---|---|---|---|
On April 10, 2014, a three-judge panel of the Fifth Circuit composed of JudgesEdith Clement,Grady Jolly, andJerry Smith, ruled that parents would be permitted to intervene in a suit filed against Louisiana's Superintendent of Public Education by the Department of Justice to ensure its school-voucher program was in compliance with federal desegregation orders.[17] In the underlying case, the U.S. government filed suit for an injunction, demanding that the state's voucher program not be used to send students in failing schools under federal desegregation orders to private schools. The government alleged that doing so would "cause irreparable injury to the court-ordered desegregation process." Parents were previously denied the opportunity to intervene, but Judge Smith, writing for the majority, noted that the children's guardians need only show the possibility that their interests would be affected by the case's resolution in order to intervene.[17] In concluding the ruling, Smith stated:
| ||||
| • Blocked provisions of abortion law reinstated (2013) Judge(s):Priscilla Richman,Jennifer Elrod, andCatharina Haynes (Planned Parenthood of Greater Texas, et. al v. Gregory Abbott, Attorney General of Texas, 13-51008) | Click for summary→ | ||||||
|---|---|---|---|---|---|---|---|
On October 31, 2013, a panel of judges on theFifth Circuit reinstated most of the provisions that had previously been ruled unconstitutional by theWestern District of Texas' JudgeEarl Yeakel, with the exception of regulations for abortion-inducing drugs. The ruling issued an emergency stay while the constitutionality of the law was being considered. The stay allowed the law to go into effect on November 1, 2013.[18] In a statement, Texas Attorney General and 2014 gubernatorial candidateGreg Abbott (R) said:
The president of Planned Parenthood Federation of America disagreed, saying:
District Court ruling On October 28, 2013, Judge Yeakel prevented parts of a Texas abortion law from taking effect. The provisions requiring doctors performing the procedure to have admitting privileges at nearby hospitals and regulating use of abortion-inducing drugs were blocked. In the ruling, Judge Yeakel said that requiring doctors to have admitting privileges "does not bear a rational relationship to the legitimate right of the state in preserving and promoting fetal life or a woman’s health."[21] GovernorRick Perry (R) said that the state would continue to enforce the parts of the law blocked by the ruling as the state appealed to theFifth Circuit Court of Appeals.[22] Aspects of the law that were not challenged or would still stand following the ruling included: requiring that women have an extra office visit before undergoing the procedure, a ban on abortions 20 weeks after conception, and a requirement that abortion centers meet the specifications of ambulatory surgery centers.[22] | |||||||
| • Corporate political speech upheld by Fifth Circuit (2013) Judge(s):James Dennis,Jerry Smith, andStephen Higginson (Texans for Free Enterprise v. Texas Ethics Commission, et al, 13-50014) | Click for summary→ |
|---|---|
On October 16, 2013, JudgeJerry Smith, writing on behalf of a three-judge panel of theFifth Circuit which included JudgesJames Dennis andStephen Higginson, affirmed a ruling made by theUnited States District Court for the Western District of Texas as to corporations' ability to fund political speech. In the underlying case, Texans for Free Enterprise (TFE), a political action committee that uses its donated funds to support or oppose political candidates, filed suit against the Texas Ethics Commission because portions of the Texas Election Code prohibited the PAC from receiving money from corporations. TFE sought an enforcement injunction, and the federal trial court granted a preliminary one in the political action group's favor. The Ethics Commission appealed the suit to theFifth Circuit, where the lower court's ruling was affirmed. Judge Smith ruled that, in light of the Supreme Court's decision inCitizens United, the parts of the Texas Election Code that banned corporate funding of political speech were an unconstitutional abridgement of free speech. Judge Smith concluded his decision by writing that while "TFE’s ability to speak is undoubtedly limited when it cannot raise money to pay for speech," injunctions refencing the First Amendment, "are always in the public interest."[23] | |
| • Fifth Circuit rules on Texas Open Meetings Law (2012) Judge(s):Rhesa Barksdale,James Dennis, andJacques Wiener (Rangra v. Brown, No. 06-51587) | Click for summary→ |
|---|---|
JudgeJames Dennis wrote the opinion in the caseAvinash Rangra; Anna Monclova v. Frank D. Brown, concerning the application of First 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.[24][25] Update:In September 2012, the case again made its way to the Fifth Circuit, where JudgesEmilio Garza,Jerry Smith, andLeslie Southwick upheld the Texas Open Meetings Law. The court found that it did not abridge the free speech of city officials. To read that opinion, seeUnited States Court of Appeals for the 5th Circuit,Asgeirsson et al v. Texas Attorney General, September 28, 2012. | |
| • Clipper Estates case (2010) Judge(s):Thomas Reavley,Edward Prado, andPriscilla Richman (Joffroin v. Tufaro, 606 F. 3d 235) | Click for summary→ |
|---|---|
JudgeMartin Feldman of theUnited States District Court for the Eastern District of Louisiana dismissed a lawsuit filed by fifty people who lived in the Clipper Estates in suburban New Orleans under allegations of violations of the Racketeering Influenced and Corrupt Organizations (RICO) Act. The residents sued on allegations that the owner of Clipper Estates used money he assessed against them after Hurricane Katrina for personal purposes instead of improving the subdivision as he promised. Feldman dismissed the lawsuit claiming the plaintiffs had no standing under RICO.[26] The case was appealed to the Fifth Circuit, where judgesThomas Reavley,Edward Prado, andPriscilla Richman affirmed Feldman's decision. It was determined that the plaintiffs in the case did not have standing after applying the three-part test fromWhalen v. Carter, 954 F.2d 1087, 1093 (5th Cir. 1992).[27] | |
Before the U.S. Supreme Court
This section focuses on cases the U.S. Supreme Court heard that originated in this court. To suggest cases we should cover here,email us.
2025-2026 term
The following cases were scheduled for argument before the U.S. Supreme Court during the 2025-2026 term.
| 2025-2026 U.S. Supreme Court cases from the 5th Circuit | |||
|---|---|---|---|
| Case | Opinion author | Decision | Vote |
| USPS, et al. v. Konan, Lebene | TBD | TBD | TBD |
| The Hain Celestial Group, Inc. v. Palmquist | TBD | TBD | TBD |
| Department of Education v. Career Colleges and Schools of Texas | N/A | Casedismissed | N/A |
| Landor v. Louisiana Department of Corrections and Public Safety | TBD | TBD | TBD |
| Chevron USA Inc. v. Plaquemines Parish, Louisiana | TBD | TBD | TBD |
| Olivier v. City of Brandon, Mississippi | TBD | TBD | TBD |
| Hunter v. United States | TBD | TBD | TBD |
| United States v. Hemani | TBD | TBD | TBD |
| Keathley v. Buddy Ayers Construction, Inc. | TBD | TBD | TBD |
| Watson v. Republican National Committee | TBD | TBD | TBD |
2024-2025 term
The following case was heard by the U.S. Supreme Court during the 2024-2025 term.
2023-2024 term
The following case was heard by the U.S. Supreme Court during the 2023-2024 term.
| 2023-2024 U.S. Supreme Court cases from the 5th Circuit | |||
|---|---|---|---|
| Case | Opinion author | Decision | Vote |
| Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited | Clarence Thomas | reversed andremanded | 7-2 |
| Campos-Chaves v. Garland (Consolidated withGarland v. Singh) | Samuel Alito | affirmed | 5-4 |
| Food and Drug Administration v. Alliance for Hippocratic Medicine (Consolidated w/Danco Laboratories, L.L.C. v. Alliance for Hippocratic Medicine) | Brett Kavanaugh | reversed andremanded | 9-0 |
| Securities and Exchange Commission v. Jarkesy | John Roberts | affirmed andremanded | 6-3 |
| United States v. Rahimi | John Roberts | reversed andremanded | 8-1 |
| Devillier v. Texas | Clarence Thomas | vacated andremanded | 9-0 |
| NetChoice, LLC v. Paxton | Elena Kagan | vacated andremanded | 9-0 |
| Gonzalez v. Trevino | per curiam | vacated andremanded | TBA |
| Murthy v. Missouri | Amy Coney Barrett | reversed andremanded | 6-3 |
| Garland v. Cargill | Clarence Thomas | affirmed | 6-3 |
2022-2023 term
The following cases were scheduled for argument before the U.S. Supreme Court during the 2022-2023 term.
| 2022-2023 U.S. Supreme Court cases from the 5th Circuit | |||
|---|---|---|---|
| Case | Opinion author | Decision | Vote |
| Haaland v. Brackeen (Consolidated withCherokee Nation v. Brackeen,Texas v. Haaland,Brackeen v. Haaland) | Amy Coney Barrett | affirmed | 7-2 |
| Reed v. Goertz | Brett Kavanaugh | reversed | 6-3 |
| Helix Energy Solutions Group, Inc. v. Hewitt | Elena Kagan | affirmed | 6-3 |
| Securities and Exchange Commission v. Cochran | Elena Kagan | affirmed andremanded | 9-0 |
| Bittner v. United States | Neil Gorsuch | reversed andremanded | 5-4 |
| Santos-Zacaria v. Garland | Ketanji Brown Jackson | vacated in part andremanded | 9-0 |
| Dubin v. United States | Sonia Sotomayor | vacated andremanded | 9-0 |
| Department of Education v. Brown | Samuel Alito | vacated andremanded | 9-0 |
| United States v. Texas (2022) | Brett Kavanaugh | reversed | 8-1 |
2021-2022 term
The following cases were heard before the U.S. Supreme Court during the 2021-2022 term.
| 2021-2022 U.S. Supreme Court cases from the 5th Circuit | |||
|---|---|---|---|
| Case | Opinion author | Decision | Vote |
| Houston Community College System v. Wilson | Neil Gorsuch | reversed | 9-0 |
| Badgerow v. Walters | Elena Kagan | reversed andremanded | 8-1 |
| Dobbs v. Jackson Women’s Health Organization | Samuel Alito | reversed andremanded | 6-3 |
| City of Austin, Texas v. Reagan National Advertising of Texas, Inc. | Sonia Sotomayor | reversed andremanded | 6-3 |
| Cummings v. Premier Rehab Keller, P.L.L.C. | John Roberts | affirmed | 6-3 |
| Ramirez v. Collier | John Roberts | reversed andremanded | 8-1 |
| Ysleta del Sur Pueblo v. Texas | Neil Gorsuch | vacated andremanded | 5-4 |
| Whole Woman's Health v. Jackson | Neil Gorsuch | affirmed in part,reversed in part, andremanded | 8-1 |
| United States v. Texas | Per curiam | dismissed | N/A |
| Biden v. Texas | John Roberts | reversed andremanded | 5-4 |
2020-2021 term
The following cases were heard before the U.S. Supreme Court during the 2020-2021 term.
| 2020-2021 U.S. Supreme Court cases from the 5th Circuit | |||
|---|---|---|---|
| Case | Opinion author | Decision | Vote |
| Salinas v. United States Railroad Retirement Board | Sonia Sotomayor | reversed andremanded | 5-4 |
| California v. Texas (Consolidated withTexas v. California) | Stephen Breyer | reversed andremanded | 7-2 |
| Edwards v. Vannoy | Brett Kavanaugh | affirmed | 6-3 |
| Henry Schein Inc. v. Archer and White Sales Inc. | per curiam | Petition dismissed | NA |
| Collins v. Yellen (Consolidated withYellen v. Collins) | Samuel Alito | affirmed in part,reversed in part,vacated in part, andremanded | 7-2 |
| Taylor v. Riojas (Decided without argument) | Per curiam | granted,vacated andremanded | 7-1 |
| Mckesson v. Doe (Decided without argument) | Per curiam | granted,vacated andremanded | 7-1 |
| City of San Antonio, Texas v. Hotels.com, L.P. | Samuel Alito | affirmed | 9-0 |
2019-2020 term
The following cases were heard before the U.S. Supreme Court during the 2019-2020 term.
| 2019-2020 U.S. Supreme Court cases from the 5th Circuit | |||
|---|---|---|---|
| Case | Opinion author | Decision | Vote |
| Hernandez v. Mesa | Samuel Alito | affirmed | 5-4 |
| Holguin-Hernandez v. U.S. | Stephen Breyer | vacated andremanded | 9-0 |
| Guerrero-Lasprilla v. Barr | Stephen Breyer | vacated andremanded | 7-2 |
| Davis v. United States | Per curiam | vacated andremanded | NA |
| Banister v. Davis | Elena Kagan | reversed andremanded | 7-2 |
| June Medical Services LLC v. Russo (Consolidated withRusso v. June Medical Services) | Stephen Breyer | reversed | 5-4 |
Federal courthouse
The Fifth Circuit is housed in the John Minor Wisdom U.S. Court of Appeals Building inNew Orleans, Louisiana. The original building was constructed in 1908, and served as both the post office and courthouse.[29] In 1961, the post office moved due to a lack of space. In 1963, the courts left as well, and the building remained vacant until 1965, when it served as a public high school for three years after Hurricane Betsy destroyed McDonough 35 High School.[29] After the building underwent renovations, the Fifth Circuit returned in 1972. In 1974, the building was placed in the National Register of Historic Places.
About United States Court of Appeals
TheUnited States courts of appeals (orcircuit courts) are the intermediateappellate courts of theUnited States federal courts. The court of appeals was originally created in 1891 and has grown to include thirteen courts.
A court of appeals decides appeals from any of thedistrict courts that are in its federal judicial circuit. The appeals courts also can hear appeals from some administrative agencies. Decisions of the federal appeals courts can, in turn, be appealed to theSupreme Court of the United States.
There are thirteen United States courts of appeals. In addition, there are other federal courts (such as theCourt of Appeals for the Armed Forces, which hears appeals in court-martial cases) that have "Court of Appeals" in their titles.
The eleven numbered circuits and theD.C. Circuit are defined by geography. The thirteenth court of appeal is theCourt of Appeals for the Federal Circuit. This court has nationwide jurisdiction over certain types of appeals based on what the underlying legal case is about.
All of the courts of appeals also hear appeals from some administrative agency decisions and rulemaking. The largest share of this type of case is heard by the D.C. Circuit. The Federal Circuit hears appeals from specialized trial courts, primarily theCourt of International Trade and theCourt of Federal Claims, as well as appeals from the district courts inpatent cases and certain other specialized matters.
Federal circuit court judges are appointed for life. They are paid approximately $179,500 annually. At the age of 65, a federal judge may choose to retire with his or her full salary. Judges may also choose to go onsenior status at age 65, if they have served actively for 15 years.[30]
Appointments by president
The chart below shows the number of appeals court judges confirmed by the U.S. Senate through November 1 of the first year of each president's second term in office. At this point in the term, Presidents Obama had the most appeals court appointments with 9.
Judges by circuit
- See also:Judicial vacancies in federal courts
The table below displays the number of judges in each circuit and indicates how many were appointed by presidents from each major political party. It also includes the number of vacancies on a circuit and how many pending nominations for that circuit are before theUnited States Senate. The table can be sorted by clicking the column headers above the line. It is updated every Monday.
See also
- United States District Court for the Eastern District of Louisiana
- United States District Court for the Middle District of Louisiana
- United States District Court for the Western District of Louisiana
- United States District Court for the Northern District of Mississippi
- United States District Court for the Southern District of Mississippi
- United States District Court for the Eastern District of Texas
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States District Court for the Western District of Texas
External links
Footnotes
- ↑United States Courts, "FAQs: Federal Judges: What is a senior judge?" accessed May 10, 2021
- ↑2.02.1United States Courts, "Frequently Asked Questions," accessed January 25, 2022
- ↑3.03.13.2Cornell Law School Legal Information Institute, "28 U.S. Code § 136 - Chief judges; precedence of district judges," accessed January 25, 2022
- ↑4.04.14.2Cornell Law School Legal Information Institute, "28 U.S. Code § 258 - Chief judges; precedence of judges," accessed January 25, 2022
- ↑5.05.15.2Cornell Law School Legal Information Institute, "28 U.S. Code § 45 - Chief judges; precedence of judges," accessed January 25, 2022
- ↑Cornell Law School Legal Information Institute, "28 U.S. Code § 171 - Appointment and number of judges; character of court; designation of chief judge," accessed January 25, 2022
- ↑Federal Judicial Center, "History of the Fifth Circuit," accessed May 10, 2021
- ↑Time Magazine, "Courts: The Fascinating & Frenetic Fifth," December 4, 1964
- ↑9.09.19.29.3Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑AP News, "New law requires all Louisiana public school classrooms to display the Ten Commandments," June 20, 2024
- ↑The New York Times, "Louisiana’s Ten Commandments Law Signals a Broader Christian Agenda," June 21, 2024
- ↑12.012.1NOLA.com, "Louisiana is sued over new law requiring public schools to post Ten Commandments," June 24, 2024
- ↑Americans United for Separation of Church and State, "Rev. Roake v. Brumley," June 24, 2024
- ↑The 74 Million, "Louisiana Delays Ten Commandments in Classrooms while Law is Challenged," July 23, 2024
- ↑Reuters, "US judge declares Louisiana's Ten Commandments law unconstitutional," November 12, 2024
- ↑Louisiana Illuminator, "Louisiana’s Ten Commandments law undergoes 5th Circuit judges’ scrutiny," January 24, 2025
- ↑17.017.117.2Courthouse News Service, "Parents May Intervene in School Voucher Fracas," April 14, 2014
- ↑Fox News, "Federal appeals court reinstates most of Texas' abortion restrictions," October 31, 2013
- ↑CBS News, "Federal appeals court reinstates key restriction in Texas abortion law," October 31, 2013
- ↑Los Angeles Times, "Appeals court lifts injunction on Texas abortion law," October 31, 2013
- ↑Texas American-Statesman, "Judge blocks key part of Texas abortion law," October 28, 2013
- ↑22.022.1New York Times, "Judge in Texas Partly Rejects Abortion Law," October 28, 2013
- ↑Texas Lawyer Blog, "5th Circuit upholds corporate free speech in First Amendment challenge," October 18, 2013
- ↑Fifth Circuit Court of Appeals,Avinash Rangra; Anna Monclova v. Frank D. Brown opinion
- ↑RCFP Blog, "Court: meetings act does not violate First Amendment," March 28, 2011
- ↑Times-Picayune, "Clipper Estates lawsuit dismissed by federal judge," September 14, 2009
- ↑Fifth Circuit Court of Appeals, "Joffroin v. Tufaro," 606 F. 3d 235, May 11, 2010
- ↑Note: When this case was originally accepted, the name of the case wasGarland v. VanDerStok. It becameBondi v. VanDerStok followingPam Bondi's appointment asAttorney General of the United States.
- ↑29.029.1U.S. General Services Administration, "John Minor Wisdom U.S. Court of Appeals Building, New Orleans, LA," accessed May 10, 2021
- ↑United States Courts, "FAQs: Federal Judges," accessed May 5, 2021
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|---|---|---|---|
| Active judges | Chief Judge: Jennifer Elrod • Don Willett • James Graves • Carl Stewart • Edith Jones • Leslie Southwick • Priscilla Richman • Catharina Haynes • Jerry Edwin Smith (Fifth Circuit) • Kurt Engelhardt • Irma Ramirez • Stephen Higginson • Cory Wilson • Stuart Kyle Duncan • James Ho • Andrew Oldham • Dana Douglas | ||
| Senior judges | James Dennis • Carolyn King • Patrick Higginbotham • John Duhe • Edith Clement • Fortunato Benavides • Jacques Wiener • W. Eugene Davis • Grady Jolly • Rhesa Barksdale • | ||
| Former judges | John Minor Wisdom • Edward Harris • Peter Fay • John Godbold • Robert Lanier Anderson • Phyllis Kravitch • Gerald Tjoflat • Joseph Hatchett • Albert Henderson • Paul Roney • David Dyer • Elbert Tuttle • Thomas Clark (Eleventh Circuit) • Richard Rives • Robert Vance • Lewis Morgan • James Hill (Federal judge) • Andrew Phelps McCormick • Don Albert Pardee • Thomas Reavley • Harold DeMoss • Edward Prado • Robert Madden Hill • Alvin Rubin • Henry Politz • Reynaldo Garza • Albert Tate, Jr. • Jerre Williams • Robert Parker • Charles Pickering • David Davie Shelby • Rufus Edward Foster • Robert Lynn Batts • Nathan Philemon Bryan • Edwin Ruthven Holmes • Joseph Chappell Hutcheson Jr. • Alexander Campbell King • Samuel Hale Sibley • Claude Feemster Clayton • Richard Wilde Walker • Wayne Borah • Louie Willard Strum • Irving Goldberg • Leon McCord • Warren Leroy Jones • Robert Ainsworth • Joe Ingraham • William Thornberry • George Carswell • Curtis Waller • Griffin Bell • John Robert Brown (Federal judge) • Benjamin Cameron • James Coleman (federal judge) • Thomas Gee • Walter Gewin • Samuel Johnson • Elmo Lee • John Bryan Simpson • Frank M. Johnson, Jr. • Charles Clark (U.S. Court of Appeals for the Fifth Circuit) • Robert Lee Russell (Federal judge) • Gregg Costa • | ||
| Former Chief judges | John Godbold • Elbert Tuttle • Richard Rives • Carl Stewart • Carolyn King • Priscilla Richman • Henry Politz • Joseph Chappell Hutcheson Jr. • John Robert Brown (Federal judge) • James Coleman (federal judge) • Charles Clark (U.S. Court of Appeals for the Fifth Circuit) • | ||
