United States Court of Appeals for the Fifth Circuit

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Fifth Circuit
Court of Appeals
US-CourtOfAppeals-5thCircuit-Seal.png
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:
Rhesa Barksdale, Fortunato Benavides, Edith Clement, W. Eugene Davis, James Dennis, John Duhe, Patrick Higginbotham, E. Grady Jolly, Carolyn King, Jacques Wiener


The United States Court of Appeals for the Fifth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States. Appeals are heard in the John Minor Wisdom U.S. Courthouse in New Orleans, Louisiana.

Vacancies

See also: Current federal judicial vacancies

There are no current vacancies on the Fifth 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

Edith Jones

Ronald Reagan (R)

April 4, 1985 -

Cornell University, 1971

University of Texas School of Law, 1974

Jerry Smith

Ronald Reagan (R)

December 21, 1987 -

Yale University, 1969

Yale Law School, 1972

Carl Stewart

Bill Clinton (D)

May 9, 1994 -

Dillard University, 1971

Loyola University, New Orleans School of Law, 1974

Priscilla Richman

George W. Bush (R)

June 3, 2005 -

Baylor University, 1975

Baylor University School of Law, 1977

Jennifer Elrod

George W. Bush (R)

October 19, 2007 -

Baylor University, 1988

Harvard Law School, 1992

Leslie Southwick

George W. Bush (R)

October 29, 2007 -

Rice University, 1972

University of Texas School of Law, 1975

Catharina Haynes

George W. Bush (R)

April 18, 2008 -

Florida Institute of Technology, 1983

Emory University School of Law, 1986

James Graves

Barack Obama (D)

February 15, 2011 -

Millsaps College, 1975

Syracuse University College of Law, 1980

Stephen Higginson

Barack Obama (D)

November 2, 2011 -

Harvard University, 1983

Yale Law School, 1987

Don Willett

Donald Trump (R)

January 2, 2018 -

Baylor University, 1988

Duke University School of Law, 1992

James C. Ho

Donald Trump (R)

January 4, 2018 -

Stanford University, 1995

University of Chicago, 1999

Stuart Kyle Duncan

Donald Trump (R)

May 1, 2018 -

Louisiana State University, 1994

Louisiana State University, Paul M. Hebert Law Center, 1997

Kurt Engelhardt

Donald Trump (R)

May 10, 2018 -

Louisiana State University, 1982

Louisiana State University, Paul M. Hebert Law Center, 1985

Andrew Oldham

Donald Trump (R)

July 19, 2018 -

University of Virginia, 2001

Harvard Law School, 2005

Cory Wilson

Donald Trump (R)

July 3, 2020 -

University of Mississippi, 1992

Yale Law School, 1995

Dana Douglas

Joe Biden (D)

December 16, 2022 -

Miami University of Ohio, 1997

Loyola University New Orleans College of Law, 2000

Irma Ramirez

Joe Biden (D)

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.

  • Democrat appointed: 5
  • Republican appointed: 12

Senior judges

Senior status is a classification for federal 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

John Duhe

Ronald Reagan (R)

April 7, 1999 -

Tulane University, 1955

Tulane University Law School, 1957

Patrick Higginbotham

Ronald Reagan (R)

August 28, 2006 -

University of Alabama, 1960

University of Alabama School of Law, 1961

Rhesa Barksdale

George H.W. Bush (R)

August 8, 2009 -

U.S. Military Academy, 1966

University of Mississippi Law Center, 1972

Jacques Wiener

George H.W. Bush (R)

September 30, 2010 -

Tulane University, 1956

Tulane University Law School, 1961

Fortunato Benavides

Bill Clinton (D)

February 3, 2012 -

University of Houston, 1968

University of Houston Law Center, 1972

Carolyn King

Jimmy Carter (D)

December 31, 2013 -

Smith College, 1959

Yale Law School, 1962

W. Eugene Davis

Ronald Reagan (R)

December 31, 2016 -

Tulane University Law School, 1960

E. Grady Jolly

Ronald Reagan (R)

October 3, 2017 -

University of Mississippi, 1959

University of Mississippi Law Center, 1962

Edith Clement

George W. Bush (R)

May 14, 2018 -

University of Alabama, 1969

Tulane University Law School, 1972

James Dennis

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.

  • Democrat appointed: 3
  • Republican appointed: 7

Former chief judges

In order to qualify for the office of chief judge in an Article III circuit or district court, or on the United 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 the United States Court of Federal Claims, the chief judge is selected by the president 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]


Former judges

For information on former judges, see former judges of the Fifth Circuit.

Jurisdiction

United States Court of Appeals for the Fifth CircuitUnited States District Court for the Northern District of TexasUnited States District Court for the Eastern District of TexasUnited States District Court for the Western District of TexasUnited States District Court for the Southern District of TexasUnited States District Court for the Western District of LouisianaUnited States District Court for the Western District of LouisianaUnited States District Court for the Middle District of LouisianaUnited States District Court for the Middle District of LouisianaUnited States District Court for the Eastern District of LouisianaUnited States District Court for the Eastern District of LouisianaUnited States District Court for the Southern District of MississippiUnited States District Court for the Northern District of Mississippi
Map of the Fifth Circuit. Click on a district to find out more about it.


The Fifth Circuit has appellate 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 the United States Court of Appeals for the Fifth Circuit are petitioned to the Supreme Court of the United States. Justice Samuel Alito is the circuit justice for the Fifth Circuit.

The United States Court of Appeals for the Fifth Circuit has appellate jurisdiction over the district courts in the following districts:

Caseloads

This section contains court management statistics dating back to 2010. It was last updated in September 2024. Click [show] below for more information on caseload terms and definitions.

United States Court of Appeals for the Fifth Circuit caseload stats, 2010-2023
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
Average 7,100 7,212 4,566 669 114 204 17 7 21 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 new United 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 1964 Time 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

See also: SCOTUS case reversal rates (2007 - Present)

Since 2007, SCOTUS has released opinions in 1,250 cases. Of those, it reversed a lower court decision 891 times (71.3 percent) while affirming a lower court decision 347 times (27.8 percent).

In that time period, SCOTUS has decided 105 cases originating from the Fifth Circuit, affirming in 28 cases and reversing in 78 cases, for a reversal rate of 74.3 percent. As of the end of the 2023 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 the Fourth 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, click here.

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.

2024-2025 term

See also: Supreme Court cases, October term 2024-2025

The following case was scheduled for argument before the U.S. Supreme Court during the 2024-2025 term.

2024-2025 U.S. Supreme Court cases from the 5th Circuit
Case Opinion author Decision Vote
Garland v. VanDerStok TBD TBD TBD
Food and Drug Administration v. Wages and White Lion Investments, LLC TBD TBD TBD
Hewitt v. United States (Consolidated with Duffey v. United States) TBD TBD TBD
FDA v. R.J. Reynolds Vapor Co. TBD TBD TBD
Barnes v. Felix TBD TBD TBD
Nuclear Regulatory Commission v. Texas (Consolidated with Interim Storage Partners v. Texas) TBD TBD TBD
Gutierrez v. Saenz TBD TBD TBD
Environmental Protection Agency v. Calumet Shreveport Refining, LLC TBD TBD TBD
Federal Communications Commission v. Consumers’ Research (Consolidated with Schools, Health & Libraries Broadband Coalition v. Consumers’ Research) TBD TBD TBD

2023-2024 term

See also: Supreme Court cases, October term 2023-2024

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 and remanded 7-2
Campos-Chaves v. Garland (Consolidated with Garland 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 and remanded 9-0
Securities and Exchange Commission v. Jarkesy John Roberts affirmed and remanded 6-3
United States v. Rahimi John Roberts reversed and remanded 8-1
Devillier v. Texas Clarence Thomas vacated and remanded 9-0
NetChoice, LLC v. Paxton Elena Kagan vacated and remanded 9-0
Gonzalez v. Trevino per curiam vacated and remanded TBA
Murthy v. Missouri Amy Coney Barrett reversed and remanded 6-3
Garland v. Cargill Clarence Thomas affirmed 6-3

2022-2023 term

See also: Supreme Court cases, October term 2022-2023

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 with Cherokee 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 and remanded 9-0
Bittner v. United States Neil Gorsuch reversed and remanded 5-4
Santos-Zacaria v. Garland Ketanji Brown Jackson vacated in part and remanded 9-0
Dubin v. United States Sonia Sotomayor vacated and remanded 9-0
Department of Education v. Brown Samuel Alito vacated and remanded 9-0
United States v. Texas (2022) Brett Kavanaugh reversed 8-1

2021-2022 term

See also: Supreme Court cases, October term 2021-2022

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 and remanded 8-1
Dobbs v. Jackson Women’s Health Organization Samuel Alito reversed and remanded 6-3
City of Austin, Texas v. Reagan National Advertising of Texas, Inc. Sonia Sotomayor reversed and remanded 6-3
Cummings v. Premier Rehab Keller, P.L.L.C. John Roberts affirmed 6-3
Ramirez v. Collier John Roberts reversed and remanded 8-1
Ysleta del Sur Pueblo v. Texas Neil Gorsuch vacated and remanded 5-4
Whole Woman's Health v. Jackson Neil Gorsuch affirmed in part, reversed in part, and remanded 8-1
United States v. Texas Per curiam dismissed N/A
Biden v. Texas John Roberts reversed and remanded 5-4

2020-2021 term

See also: Supreme Court cases, October term 2020-2021

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 and remanded 5-4
California v. Texas (Consolidated with Texas v. California) Stephen Breyer reversed and remanded 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 with Yellen v. Collins) Samuel Alito affirmed in part, reversed in part, vacated in part, and remanded 7-2
Taylor v. Riojas (Decided without argument) Per curiam granted, vacated and remanded 7-1
Mckesson v. Doe (Decided without argument) Per curiam granted, vacated and remanded 7-1
City of San Antonio, Texas v. Hotels.com, L.P. Samuel Alito affirmed 9-0


2019-2020 term

See also: Supreme Court cases, October term 2019-2020

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 and remanded 9-0
Guerrero-Lasprilla v. Barr Stephen Breyer vacated and remanded 7-2
Davis v. United States Per curiam vacated and remanded NA
Banister v. Davis Elena Kagan reversed and remanded 7-2
June Medical Services LLC v. Russo (Consolidated with Russo v. June Medical Services) Stephen Breyer reversed 5-4

Federal courthouse

5thcircuit building.jpg

The Fifth Circuit is housed in the John Minor Wisdom U.S. Court of Appeals Building in New Orleans, Louisiana. The original building was constructed in 1908, and served as both the post office and courthouse.[21] 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.[21] 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

The United States courts of appeals (or circuit courts) are the intermediate appellate courts of the United 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 the district 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 the Supreme Court of the United States.

There are thirteen United States courts of appeals. In addition, there are other federal courts (such as the Court 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 the D.C. Circuit are defined by geography. The thirteenth court of appeal is the Court 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 the Court of International Trade and the Court of Federal Claims, as well as appeals from the district courts in patent 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 on senior status at age 65, if they have served actively for 15 years.[22]

Appointments by president

The chart below shows the number of appeals court judges confirmed by the U.S. Senate through November 1 of the fourth year of each president's term in office. At this point in the term, President Trump had the most appeals court appointments with 53.


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 the United States Senate. The table can be sorted by clicking the column headers above the line. It is updated every Monday.



See also

External links

Footnotes

  1. United States Courts, "FAQs: Federal Judges: What is a senior judge?" accessed May 10, 2021
  2. 2.0 2.1 United States Courts, "Frequently Asked Questions," accessed January 25, 2022
  3. 3.0 3.1 3.2 Cornell Law School Legal Information Institute, "28 U.S. Code § 136 - Chief judges; precedence of district judges," accessed January 25, 2022
  4. 4.0 4.1 4.2 Cornell Law School Legal Information Institute, "28 U.S. Code § 258 - Chief judges; precedence of judges," accessed January 25, 2022
  5. 5.0 5.1 5.2 Cornell Law School Legal Information Institute, "28 U.S. Code § 45 - Chief judges; precedence of judges," accessed January 25, 2022
  6. 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
  7. Federal Judicial Center, "History of the Fifth Circuit," accessed May 10, 2021
  8. Time Magazine, "Courts: The Fascinating & Frenetic Fifth," December 4, 1964
  9. 9.0 9.1 9.2 9.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  10. 10.0 10.1 10.2 Courthouse News Service, "Parents May Intervene in School Voucher Fracas," April 14, 2014
  11. Fox News, "Federal appeals court reinstates most of Texas' abortion restrictions," October 31, 2013
  12. CBS News, "Federal appeals court reinstates key restriction in Texas abortion law," October 31, 2013
  13. Los Angeles Times, "Appeals court lifts injunction on Texas abortion law," October 31, 2013
  14. Texas American-Statesman, "Judge blocks key part of Texas abortion law," October 28, 2013
  15. 15.0 15.1 New York Times, "Judge in Texas Partly Rejects Abortion Law," October 28, 2013
  16. Texas Lawyer Blog, "5th Circuit upholds corporate free speech in First Amendment challenge," October 18, 2013
  17. Fifth Circuit Court of Appeals, Avinash Rangra; Anna Monclova v. Frank D. Brown opinion
  18. RCFP Blog, "Court: meetings act does not violate First Amendment," March 28, 2011
  19. Times-Picayune, "Clipper Estates lawsuit dismissed by federal judge," September 14, 2009
  20. Fifth Circuit Court of Appeals, "Joffroin v. Tufaro," 606 F. 3d 235, May 11, 2010
  21. 21.0 21.1 U.S. General Services Administration, "John Minor Wisdom U.S. Court of Appeals Building, New Orleans, LA," accessed May 10, 2021
  22. United States Courts, "FAQs: Federal Judges," accessed May 5, 2021