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United States Court of Appeals for the Fifth Circuit

From Wikipedia, the free encyclopedia
Current United States federal appellate court
United States Court of Appeals for the Fifth Circuit
(5th Cir.)
LocationJohn Minor Wisdom U.S. Court of Appeals Building
Appeals from
EstablishedJune 16, 1891
Judges17
Circuit JusticeSamuel Alito
Chief JudgeJennifer Walker Elrod
www.ca5.uscourts.gov

TheUnited States Court of Appeals for the Fifth Circuit (incase citations,5th Cir.) is one of the 13United States courts of appeals. It hasappellate jurisdiction over theU.S. district courts in the followingfederal judicial districts:

The Fifth Circuit has 17 active judgeships, and is headquartered at theJohn Minor Wisdom United States Court of Appeals Building inNew Orleans, Louisiana, with the clerk's office located at theF. Edward Hebert Federal Building in New Orleans.[1]

Originally, the Fifth Circuit also included the federal district courts inAlabama,Georgia, andFlorida. In 1981, the district courts for those states were transferred to the newly createdU.S. Court of Appeals for the Eleventh Circuit.

History of the court

[edit]
TheJohn Minor Wisdom U.S. Courthouse, home of the Fifth Circuit, New Orleans

This court was created by theEvarts Act on June 16, 1891, which moved the circuit judges and appellate jurisdiction from the Circuit Courts of the Fifth Circuit to this court. At the time of its creation, the Fifth Circuit coveredFlorida,Georgia,Alabama,Mississippi,Louisiana, andTexas.

On June 25, 1948, thePanama Canal Zone was added to the Fifth Circuit by 62 Stat. 870. The Fifth Circuit gained appellate jurisdiction over theUnited States District Court for the Canal Zone.

On October 1, 1981, underPub. L. 96–452, the Fifth Circuit was split: Alabama, Georgia, and Florida were moved to the newEleventh Circuit.

On March 31, 1982, the Fifth Circuit lost jurisdiction over the Panama Canal Zone, which was transferred to Panamanian control.

Fifth Circuit Four

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Main article:Fifth Circuit Four

Starting in the late 1950s, judgesElbert Parr Tuttle (chief judge 1960–1967),John Minor Wisdom,John R. Brown (chief judge 1967–1979), andRichard T. Rives (chief judge 1959–60) became known as the "Fifth Circuit Four", or simply "The Four", for decisions crucial in advancing thecivil rights ofAfrican Americans. In this, they were usually opposed by their fellow Fifth Circuit Judge,Benjamin F. Cameron of Mississippi, until his death in 1964.[2] During this era, the role of the Fifth Circuit in civil rights caused the court to be nicknamed the "Supreme Court ofDixie".[3]

Hurricane Katrina

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Hurricane Katrina struck New Orleans on August 29, 2005, devastating the city and slightly damaging the John Minor Wisdom Courthouse. All deadlines concerning filings were extended. On September 7 the court temporarily relocated its administrative operations to Houston,[4] and returned to normal operations in New Orleans in March 2007.[citation needed]

2020s

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During his first administration, PresidentDonald Trump appointed six judges to the court, with many observers thereafter regarding it as the most conservativecourt of appeals.[5][6][7] The Fifth Circuit's reversal rate at theUS Supreme Court from the beginning of the 2020 term through the end of the 2022 term was 74%, making it the 7th most frequently reversed circuit court; the average rate of reversals was 68%.[8][9] Some members of the Supreme Court, including Chief JusticeJohn Roberts, have indicated concern with how the Fifth Circuit approaches cases.[10][11][12] Several court observers have interpreted the court as being exceptionally conservative in its rulings.[13]

Current composition of the court

[edit]

As of May 16, 2025[update]:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
78Chief JudgeJennifer Walker ElrodHouston, TX19662007–present2024–presentG.W. Bush
63Circuit JudgeEdith JonesHouston, TX19491985–present2006–2012 Reagan
64Circuit JudgeJerry Edwin SmithHouston, TX19461987–present Reagan
71Circuit JudgeCarl E. StewartShreveport, LA19501994–present2012–2019 Clinton
77Circuit JudgePriscilla RichmanAustin, TX19542005–present2019–2024G.W. Bush
79Circuit JudgeLeslie H. SouthwickJackson, MS19502007–presentG.W. Bush
80Circuit JudgeCatharina HaynesDallas, TX19632008–presentG.W. Bush
81Circuit JudgeJames E. Graves Jr.Jackson, MS19532011–present Obama
82Circuit JudgeStephen A. HigginsonNew Orleans, LA19612011–present Obama
84Circuit JudgeDon WillettAustin, TX19662018–present Trump
85Circuit JudgeJames C. HoDallas, TX19732018–present Trump
86Circuit JudgeKyle DuncanBaton Rouge, LA19722018–present Trump
87Circuit JudgeKurt D. EngelhardtNew Orleans, LA19602018–present Trump
88Circuit JudgeAndrew OldhamAustin, TX19782018–present Trump
89Circuit JudgeCory T. WilsonJackson, MS19702020–present Trump
90Circuit JudgeDana DouglasNew Orleans, LA19752022–present Biden
91Circuit JudgeIrma Carrillo RamirezDallas, TX19642023–present Biden
51Senior Circuit JudgeCarolyn Dineen KingHouston, TX19381979–20131999–20062013–present Carter
59Senior Circuit JudgeE. Grady JollyJackson, MS19371982–20172017–present Reagan
60Senior Circuit JudgePatrick HigginbothamSan Antonio, TX19381982–20062006–present Reagan
61Senior Circuit JudgeW. Eugene DavisNew Orleans, LA19361983–20162016–present Reagan
66Senior Circuit JudgeJacques L. Wiener Jr.New Orleans, LA19341990–20102010–presentG.H.W. Bush
67Senior Circuit JudgeRhesa BarksdaleJackson, MS19441990–20092009–presentG.H.W. Bush
73Senior Circuit JudgeJames L. DennisNew Orleans, LA19361995–20222022–present Clinton
74Senior Circuit JudgeEdith Brown ClementNew Orleans, LA19482001–20182018–presentG.W. Bush

List of former judges

[edit]
#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason for
termination
1Don Albert PardeeLA1837–19191891–1919 Garfield /Operation of law[note 1]death
2Andrew Phelps McCormickTX1832–19161892–1916B. Harrisondeath
3David Davie ShelbyAL1847–19141899–1914 McKinleydeath
4Richard Wilde Walker Jr.AL1857–19361914–19301930–1936 Wilsondeath
5Robert Lynn BattsTX1864–19351917–1919 Wilsonresignation
6Nathan Philemon BryanFL1872–19351920–1935 Wilsondeath
7Alexander Campbell KingGA1856–19261920–1924 Wilsonresignation
8Rufus Edward FosterLA1871–19421925–1942 Coolidgedeath
9Samuel Hale SibleyGA1873–19581931–19491949–1958 Hooverdeath
10Joseph Chappell Hutcheson Jr.TX1879–19731931–19641948–19591964–1973 Hooverdeath
11Edwin R. HolmesMS1878–19611936–19541954–1961F. Rooseveltdeath
12Leon Clarence McCordAL1878–19521938–19511951–1952F. Rooseveltdeath
13Curtis L. WallerFL1887–19501943–1950F. Rooseveltdeath
14Elmo Pearce LeeLA1882–19491943–1949F. Rooseveltdeath
15Wayne G. BorahLA1891–19661949–19561956–1966 Trumandeath
16Robert Lee RussellGA1900–19551949–1955 Trumandeath
17Louie Willard StrumFL1890–19541950–1954 Trumandeath
18Richard RivesAL1895–19821951–19661959–19601966–1981 Trumanreassignment to11th Cir.
19Elbert TuttleGA1897–19961954–19681960–19671968–1981 Eisenhowerreassignment to11th Cir.
20Benjamin Franklin CameronMS1890–19641955–1964 Eisenhowerdeath
21Warren Leroy JonesFL1895–19931955–19661966–1981 Eisenhowerreassignment to11th Cir.
22John Robert BrownTX1909–19931955–19841967–19791984–1993 Eisenhowerdeath
23John Minor WisdomLA1905–19991957–19771977–1999 Eisenhowerdeath
24Griffin BellGA1918–20091961–1976[note 2] Kennedyresignation
25Walter Pettus GewinAL1908–19811961–1976[note 2]1976–1981 Kennedydeath
26Homer ThornberryTX1909–19951965–19781978–1995L. Johnsondeath
27James P. ColemanMS1914–19911965–19811979–19811981–1984L. Johnsonretirement
28Robert A. Ainsworth Jr.LA1910–19811966–1981L. Johnsondeath
29John Cooper GodboldAL1920–20091966–19811981L. Johnsonreassignment to11th Cir.
30Irving Loeb GoldbergTX1906–19951966–19801980–1995L. Johnsondeath
31David W. DyerFL1910–19981966–19761976–1981L. Johnsonreassignment to11th Cir.
32John Milton Bryan SimpsonFL1903–19871966–19751975–1981L. Johnsonreassignment to11th Cir.
33Claude Feemster ClaytonMS1909–19691967–1969L. Johnsondeath
34Lewis Render MorganGA1913–20011968–19781978–1981L. Johnsonreassignment to11th Cir.
35G. Harrold CarswellFL1919–19921969–1970 Nixonresignation
36Charles ClarkMS1925–20111969–19921981–1992 Nixonretirement
37Joe McDonald IngrahamTX1903–19901969–19731973–1990 Nixondeath
38Paul Hitch RoneyFL1921–20061970–1981 Nixonreassignment to11th Cir.
39Thomas Gibbs GeeTX1925–19941973–1991 Nixonretirement
40Gerald Bard TjoflatFL1929–present1975–1981 Fordreassignment to11th Cir.
41James Clinkscales HillGA1924–20171976–1981 Fordreassignment to11th Cir.
42Peter T. FayFL1929–20211976–1981 Fordreassignment to11th Cir.
43Alvin Benjamin RubinLA1920–19911977–19891989–1991 Carterdeath
44Robert Smith VanceAL1931–19891977–1981 Carterreassignment to11th Cir.
45Phyllis A. KravitchGA1920–20171979–1981 Carterreassignment to11th Cir.
46Frank Minis JohnsonAL1918–19991979–1981 Carterreassignment to11th Cir.
47R. Lanier Anderson IIIGA1936–present1979–1981 Carterreassignment to11th Cir.
48Reynaldo Guerra GarzaTX1915–20041979–19821982–2004 Carterdeath
49Joseph W. HatchettFL1932–20211979–1981 Carterreassignment to11th Cir.
50Albert John HendersonGA1920–19991979–1981 Carterreassignment to11th Cir.
52Henry Anthony PolitzLA1932–20021979–19991992–19991999–2002 Carterdeath
53Thomas Morrow ReavleyTX1921–20201979–19901990–2020 Carterdeath
54Samuel D. Johnson Jr.TX1920–20021979–19911991–2002 Carterdeath
55Albert Tate Jr.LA1920–19861979–1986 Carterdeath
56Thomas Alonzo ClarkFL1920–20051979–1981 Carterreassignment to11th Cir.
57Jerre Stockton WilliamsTX1916–19931980–19901990–1993 Carterdeath
58William Lockhart GarwoodTX1931–20111981–19971997–2011 Reagandeath
62Robert Madden HillTX1928–19871984–1987 Reagandeath
65John M. Duhé Jr.LA1933–20251988–19991999–2025 Reagandeath
68Emilio M. GarzaTX1947–present1991–20122012–2015G.H.W. Bushretirement
69Harold R. DeMoss Jr.TX1930–20201991–20072007–2015G.H.W. Bushretirement
70Fortunato BenavidesTX1947–20231994–20122012–2023 Clintondeath
72Robert Manley ParkerTX1937–20201994–2002 Clintonretirement
75Edward C. PradoTX1947–present2003–2018G.W. Bushretirement
76Charles W. PickeringMS1937–present2004[note 3]G.W. Bushretirement
83Gregg CostaTX1972–present2014–2022 Obamaresignation

Chief judges

[edit]
Chief Judge
Hutcheson, Jr.1948–1959
Rives1959–1960
Tuttle1960–1967
Brown1967–1979
Coleman1979–1981
Godbold1981
C. Clark1981–1992
Politz1992–1999
C. King1999–2006
Jones2006–2012
Stewart2012–2019
Richman2019–2024
Elrod2024–present

Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (theSupreme Court justice responsible for the circuit) is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges.

To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge.[14]

When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known assenior status, or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.[15]

Succession of seats

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The court has had 29 seats for active judges. Twelve of these seats were reassigned to theUnited States Court of Appeals for the Eleventh Circuit, leaving a seventeen-seat court. The seats are numbered in the order in which they were initially filled. Judges who assumesenior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing theU.S. President to appoint new judges to fill their seats.

Seat 1
Established on December 10, 1869 by theJudiciary Act of 1869 as acircuit judgeship for the Fifth Circuit
Reassigned on June 16, 1891 to the newly formed United States Circuit Court of Appeals for the Fifth Circuit by theJudiciary Act of 1891
PardeeLA1891–1919
A. KingGA1920–1924
FosterLA1925–1942
LeeLA1943–1949
BorahLA1949–1956
WisdomLA1957–1977
RubinLA1977–1989
BarksdaleMS1990–2009
Graves, Jr.MS2011–present
Seat 2
Established on June 16, 1891 by theJudiciary Act of 1891
McCormickTX1892–1916
BattsTX1917–1919
BryanFL1920–1935
HolmesMS1936–1954
CameronMS1955–1964
ColemanMS1965–1981
JollyMS1982–2017
WilsonMS2020–present
Seat 3
Established on January 25, 1899 by 30 Stat. 803
ShelbyAL1899–1914
Walker, Jr.AL1914–1930
SibleyGA1931–1949
RussellGA1949–1955
BrownTX1955–1984
R. HillTX1984–1987
Wiener, Jr.LA1990–2010
HigginsonLA2011–present
Seat 4
Established on June 10, 1930 by 46 Stat. 538
Hutcheson, Jr.TX1931–1964
ThornberryTX1965–1978
R. GarzaTX1979–1982
HigginbothamTX1982–2006
ElrodTX2007–present

Seat 5
Established on May 31, 1938 by 52 Stat. 584
McCordAL1938–1951
RivesAL1951–1966
GodboldAL1966–1981
Reassigned on October 1, 1981 to the United States Court of
Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 6
Established on December 14, 1942 by 56 Stat. 1050
WallerFL1943–1950
StrumFL1950–1954
W. JonesFL1955–1966
DyerFL1966–1976
FayFL1976–1981
Reassigned on October 1, 1981 to the United States Court of
Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 7
Established on February 10, 1954 by 68 Stat. 8
TuttleGA1954–1968
MorganGA1968–1978
KravitchGA1979–1981
Reassigned on October 1, 1981 to the United States Court of
Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 8
Established on May 19, 1961 by 75 Stat. 80
GewinAL1961–1976
VanceAL1977–1981
Reassigned on October 1, 1981 to the United States Court of
Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 9
Established on May 19, 1961 by 75 Stat. 80
BellGA1961–1976
J. HillGA1976–1981
Reassigned on October 1, 1981 to the United States Court of
Appeals for the Eleventh Circuit by 94 Stat. 1994

Seat 10
Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
Made permanent on June 18, 1968 by 82 Stat. 184
GoldbergTX1966–1980
WilliamsTX1980–1990
DeMoss, Jr.TX1991–2007
HaynesTX2008–present
Seat 11
Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
Made permanent on June 18, 1968 by 82 Stat. 184
Ainsworth Jr.LA1966–1981
DavisLA1983–2016
DuncanLA2018–present
Seat 12
Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
Made permanent on June 18, 1968 by 82 Stat. 184
SimpsonFL1966–1975
TjoflatFL1975–1981
Reassigned on October 1, 1981 to the United States Court of
Appeals for the Eleventh Circuit by 94 Stat. 1994

Seat 13
Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
Made permanent on June 18, 1968 by 82 Stat. 184
ClaytonMS1967–1969
C. ClarkMS1969–1992
DennisLA1995–2022
DouglasLA2022–present
Seat 14
Established on June 18, 1968 by 82 Stat. 184
CarswellFL1969–1970
RoneyFL1970–1981
Reassigned on October 1, 1981 to the United States Court of
Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 15
Established on June 18, 1968 by 82 Stat. 184
IngrahamTX1969–1973
GeeTX1973–1991
BenavidesTX1994–2012
CostaTX2014–2022
RamirezTX2023–present
Seat 16
Established on October 20, 1978 by 92 Stat. 1629
F. JohnsonAL1979–1981
Reassigned on October 1, 1981 to the United States Court of
Appeals for the Eleventh Circuit by 94 Stat. 1994

Seat 17
Established on October 20, 1978 by 92 Stat. 1629
HendersonGA1979–1981
Reassigned on October 1, 1981 to the United States Court of
Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 18
Established on October 20, 1978 by 92 Stat. 1629
Anderson IIIGA1979–1981
Reassigned on October 1, 1981 to the United States Court of
Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 19
Established on October 20, 1978 by 92 Stat. 1629
C. KingTX1979–2013
HoTX2018–present

Seat 20
Established on October 20, 1978 by 92 Stat. 1629
PolitzLA1979–1999
PickeringMS2004
SouthwickMS2007–present
Seat 21
Established on October 20, 1978 by 92 Stat. 1629
HatchettFL1979–1981
Reassigned on October 1, 1981 to the United States Court of
Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 22
Established on October 20, 1978 by 92 Stat. 1629
ReavleyTX1979–1990
E. GarzaTX1991–2012
WillettTX2018–present
Seat 23
Established on October 20, 1978 by 92 Stat. 1629
Tate, Jr.LA1979–1986
Duhé Jr.LA1988–1999
ClementLA2001–2018
EngelhardtLA2018–present

Seat 24
Established on October 20, 1978 by 92 Stat. 1629
S. Johnson, Jr.TX1979–1991
ParkerTX1994–2002
PradoTX2003–2018
OldhamTX2018–present

Seat 25
Established on October 20, 1978 by 92 Stat. 1629
T. ClarkFL1979–1981
Reassigned on October 1, 1981 to the United States Court of
Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 26
Established on October 20, 1978 by 92 Stat. 1629
GarwoodTX1981–1997
RichmanTX2005–present
Seat 27
Established on July 10, 1984 by 98 Stat. 333
E. JonesTX1985–present
Seat 28
Established on July 10, 1984 by 98 Stat. 333
SmithTX1987–present

Seat 29
Established on December 1, 1990 by 104 Stat. 5089
StewartLA1994–present

See also

[edit]

Notes

[edit]
  1. ^Pardee was appointed as acircuit judge for the Fifth Circuit in 1881by James A. Garfield. TheJudiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Fifth Circuit.
  2. ^abRecess appointment, confirmed by theUnited States Senate at a later date.
  3. ^Recess appointment, never confirmed or rejected by theUnited States Senate.

References

[edit]
  1. ^"Practitioner's Guide to the U.S. Court of Appeals for the Fifth Circuit"(PDF). Archived fromthe original(PDF) on 2011-06-13. Retrieved2011-06-26.
  2. ^"That Fascinating and Frenetic Fifth".Time. December 4, 1964. Archived fromthe original on November 3, 2011.
  3. ^Lee, Allison Herren; Shakely, William W.; Brown Jr., J. Robert (Fall 1998). "Judge Warren L. Jones and the Supreme Court of Dixie".Louisiana Law Review.59 (1):210–252.
  4. ^"Fifth Circuit Court of Appeals Moves New Orleans Operations to Houston".Tyler Morning Telegraph.Tyler,Texas. September 8, 2005. pp. 7A.
  5. ^Scarcella, Mike (October 4, 2024)."Conservative 5th Circuit judge takes helm at key US appeals court". Reuters. RetrievedOctober 6, 2024.
  6. ^Millhiser, Ian (December 27, 2022)."The Trumpiest court in America".Vox. RetrievedAugust 25, 2024.
  7. ^Vladeck, Stephen I. (2023-11-28)."Why the Fifth Circuit Keeps Making Such Outlandish Decisions".The Atlantic. Retrieved2024-08-25.
  8. ^Klibanoff, Eleanor (2024-07-02)."Again and again, U.S. Supreme Court slaps down 5th Circuit".The Texas Tribune. Retrieved2024-08-25.
  9. ^Schonfeld, Zach (2024-07-13)."Supreme Court pushes back on 5th Circuit's conservative breeding ground".The Hill. Retrieved2024-08-25.
  10. ^Gerstein, Josh (June 21, 2024)."Clarence Thomas was snubbed in the Supreme Court's gun ruling. So were a few other people".Politico. RetrievedAugust 25, 2024.
  11. ^"Supreme Court preserves access to abortion pill".SCOTUSblog. 2024-06-13. Retrieved2024-08-25.
  12. ^"Supreme Court upholds bar on guns under domestic-violence restraining orders".SCOTUSblog. 2024-06-21. Retrieved2024-08-25.
  13. ^Feldman, Adam (December 11, 2023)."Supreme Court Eyeing Fifth Circuit, But Too Early to Decipher Why".Bloomberg Law. RetrievedAugust 25, 2024.
  14. ^28 U.S.C. § 45
  15. ^62 Stat. 871, 72 Stat. 497, 96 Stat. 51

Further reading

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External links

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