James Dennis

Nomination Tracker
Nominee Information
	Name: James L. Dennis
	Court: United States Court of Appeals for the 5th Circuit
Progress
	Confirmed 477 days after nomination.
	Nominated: June 8, 1994
	ABA Rating: Unanimously Qualified
	Questionnaire:
	Hearing: September 14, 1994
	QFRs: (Hover over QFRs to read more)
	Reported: July 20, 1995
	Confirmed: September 28, 1995
	Vote: Voice vote
	Returned: November 14, 1994

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James L. Dennis is a federal judge on senior status with the United States Court of Appeals for the 5th Circuit. He was nominated to the court by President Bill Clinton (D) on January 31, 1995. He was confirmed by the Senate on September 28, 1995.^[1] On May 13, 2021, Dennis announced that he would assume senior status once his successor was confirmed.^[2]^[3]

Early life and education

Born in Monroe, Louisiana, Dennis earned his B.A. from Louisiana Tech University in 1959 and his J.D. from Louisiana State University's Paul M. Hebert Law Center in 1962. Dennis also holds a LL.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

Dennis was first nominated to the United States Court of Appeals for the 5th Circuit by President Bill Clinton on September 14, 1994, to a seat vacated by Charles Clark. The American Bar Association rated Dennis Unanimously Qualified for the nomination.^[4] Hearings on Dennis' nomination were held before the United 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 the United 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 Governor John 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 Judges James Dennis, a Bill Clinton (D) appointee; Stephen Higginson, a Barack Obama (D) appointee; and Don 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 of First Amendment rights within the context of the Texas Open Meetings law. The case was appealed from the Western 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 Judges Jacques Wiener, Jr. and Rhesa 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]