Stephen Higginson | |
|---|---|
![]() Official portrait, c. 2011 | |
| Presiding Judge of theUnited States Foreign Intelligence Surveillance Court of Review | |
| Assumed office August 16, 2023 | |
| Appointed by | John Roberts |
| Preceded by | David B. Sentelle |
| Judge of theUnited States Foreign Intelligence Surveillance Court of Review | |
| Assumed office February 25, 2021 | |
| Appointed by | John Roberts |
| Preceded by | Richard C. Tallman |
| Judge of theUnited States Court of Appeals for the Fifth Circuit | |
| Assumed office November 2, 2011 | |
| Appointed by | Barack Obama |
| Preceded by | Jacques L. Wiener Jr. |
| Personal details | |
| Born | Stephen Andrew Higginson (1961-04-12)April 12, 1961 (age 64) Boston,Massachusetts, U.S. |
| Education | Harvard University (BA) University of Cambridge (MPhil) Yale University (JD) |
Stephen Andrew Higginson (born 1961) is an American lawyer and jurist serving since 2011 as aU.S. circuit judge of theU.S. Court of Appeals for the Fifth Circuit. He also serves as the Presiding Judge of theUnited States Foreign Intelligence Surveillance Court of Review.
Higginson was born on April 12, 1961, inBoston, Massachusetts. He graduated from theGroton School in 1979,[1] then studiedgovernment andEnglish literature atHarvard University, graduating in 1983 with aBachelor of Arts,summa cum laude. After earning aM.Phil. from theUniversity of Cambridge the following year, he enrolled inYale Law School, where he was editor-in-chief ofThe Yale Law Journal. He graduated in 1987 with aJuris Doctor.[2][3][4]
After graduating from law school, Higginson was alaw clerk for Chief JudgePatricia Wald of theU.S. Court of Appeals for the District of Columbia Circuit from 1987 to 1988 and for JusticeByron White of theU.S. Supreme Court from 1988 to 1989.[5][4]
Following his clerkships, Higginson became anassistant U.S. attorney in the criminal section of theU.S. Attorney's Office for theDistrict of Massachusetts. In 1993, he moved to theEastern District of Louisiana, and became chief of appeals in 1995. From 2004 to 2011, he worked part-time as a prosecutor, continuing to supervise the appellate section.[5] In 2004, he became a full-time faculty member atLoyola University New Orleans College of Law.[5] He taught criminal procedure, constitutional law and evidence. Higginson is an elected member of theAmerican Law Institute.[4]
On May 5, 2011, PresidentBarack Obama announced his intent to nominate Higginson to a seat on theUnited States Court of Appeals for the Fifth Circuit and submitted the nomination to the Senate on May 9.[5] SenatorMary Landrieu had recommended Higginson to Obama in November 2010.[6] The Senate confirmed Higginson's nomination by an 88–0 vote on October 31, 2011.[7] Higginson received his commission on November 2, 2011,[4] and filled the seat vacated by JudgeJacques L. Wiener Jr., who assumedsenior status in 2010. On February 25, 2021, Higginson was appointed to theUnited States Foreign Intelligence Surveillance Court of Review byChief JusticeJohn Roberts.[8]
In June 2017, Higginson authored the majority opinion inPlummer v. University of Houston, in which the Fifth Circuit affirmed a lower court ruling that a university did not violate theDue Process Clause orTitle IX when it expelled a student for committing acampus sexual assault, as well as his girlfriend, who had recorded the assault and shared the video on social media.[9][10] On April 26, 2022, Higginson dissented when the 5th Circuit officially rejected challenges toTexas SB 8, alaw banning abortion within the state after six weeksgestational age and allows private individuals, or "bounty hunters", to sue anyone who performed or helped a woman get an abortion after six weeks.[11][12] Judge Higginson agreed with the majority opinion, but, in light of a Supreme Court determination, would remand the case.[13]
Higginson is married to Collette Creppell, the Vice President of Campus Planning and Design atChapman University.[14][15] The couple has three children and lives in New Orleans.
| Legal offices | ||
|---|---|---|
| Preceded by | Judge of theUnited States Court of Appeals for the Fifth Circuit 2011–present | Incumbent |
| Preceded by | Judge of theUnited States Foreign Intelligence Surveillance Court of Review 2021–present | |