Current United States federal appellate court
The United States Court of Appeals for the Fifth Circuit (in case citations , 5th Cir. ) is one of the 13 United States courts of appeals . It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts :
The Fifth Circuit has 17 active judgeships, and is headquartered at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana , with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans.[ 1] The court has been described as "strikingly partisan".[ 2]
Originally, the Fifth Circuit also included the federal district courts in Alabama , Georgia , and Florida . In 1981, the district courts for those states were transferred to the newly created U.S. Court of Appeals for the Eleventh Circuit .
History of the court [ edit ] The John Minor Wisdom U.S. Courthouse , home of the Fifth Circuit, New Orleans This court was created by the Evarts 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 covered Florida , Georgia , Alabama , Mississippi , Louisiana , and Texas .
On June 25, 1948, the Panama Canal Zone was added to the Fifth Circuit by 62 Stat. 870. The Fifth Circuit gained appellate jurisdiction over the United States District Court for the Canal Zone .
On October 1, 1981, under Pub. L. 96–452 , the Fifth Circuit was split: Alabama, Georgia, and Florida were moved to the new Eleventh Circuit .
On March 31, 1982, the Fifth Circuit lost jurisdiction over the Panama Canal Zone, which was transferred to Panamanian control.
The Fifth Circuit Four [ edit ] Starting in the late 1950s, judges Elbert Parr Tuttle (chief judge 1960–67), John Minor Wisdom , John R. Brown (chief judge 1967–79), and Richard T. Rives (chief judge 1959–60) became known as the "Fifth Circuit Four ", or simply "The Four", for decisions crucial in advancing the civil rights of African Americans . In this, they were usually opposed by their fellow Fifth Circuit Judge, Benjamin F. Cameron of Mississippi, until his death in 1964.[ 3]
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. The court temporarily relocated its administrative operations to Houston, and returned to normal operations in New Orleans in March 2007.[citation needed ]
During his administration, President Donald Trump appointed six judges to the court, with many observers thereafter regarding it as the most conservative court of appeals .[ 4] [ 5] [ 6] The Fifth Circuit's reversal rate at the US 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%.[ 7] [ 8] Several members of the Supreme Court, including Chief Justice John Roberts , have indicated concern with how the Fifth Circuit approaches cases.[ 9] [ 10] [ 11] Several court observers have interpreted the court as being exceptionally conservative in its rulings.[ 12]
Current composition of the court [ edit ] As of October 4, 2024[update] :
# Title Judge Duty station Born Term of service Appointed by Active Chief Senior 78 Chief Judge Jennifer Walker Elrod Houston, TX 1966 2007–present 2024–present — G.W. Bush 63 Circuit Judge Edith Jones Houston, TX 1949 1985–present 2006–2012 — Reagan 64 Circuit Judge Jerry Edwin Smith Houston, TX 1946 1987–present — — Reagan 71 Circuit Judge Carl E. Stewart Shreveport, LA 1950 1994–present 2012–2019 — Clinton 77 Circuit Judge Priscilla Richman Austin, TX 1954 2005–present 2019–2024 — G.W. Bush 79 Circuit Judge Leslie H. Southwick Jackson, MS 1950 2007–present — — G.W. Bush 80 Circuit Judge Catharina Haynes Dallas, TX 1963 2008–present — — G.W. Bush 81 Circuit Judge James E. Graves Jr. Jackson, MS 1953 2011–present — — Obama 82 Circuit Judge Stephen A. Higginson New Orleans, LA 1961 2011–present — — Obama 84 Circuit Judge Don Willett Austin, TX 1966 2018–present — — Trump 85 Circuit Judge James C. Ho Dallas, TX 1973 2018–present — — Trump 86 Circuit Judge Kyle Duncan Baton Rouge, LA 1972 2018–present — — Trump 87 Circuit Judge Kurt D. Engelhardt New Orleans, LA 1960 2018–present — — Trump 88 Circuit Judge Andrew Oldham Austin, TX 1978 2018–present — — Trump 89 Circuit Judge Cory T. Wilson Jackson, MS 1970 2020–present — — Trump 90 Circuit Judge Dana Douglas New Orleans, LA 1975 2022–present — — Biden 91 Circuit Judge Irma Carrillo Ramirez Dallas, TX 1964 2023–present — — Biden 51 Senior Circuit Judge Carolyn Dineen King Houston, TX 1938 1979–2013 1999–2006 2013–present Carter 59 Senior Circuit Judge E. Grady Jolly Jackson, MS 1937 1982–2017 — 2017–present Reagan 60 Senior Circuit Judge Patrick Higginbotham San Antonio, TX 1938 1982–2006 — 2006–present Reagan 61 Senior Circuit Judge W. Eugene Davis New Orleans, LA 1936 1983–2016 — 2016–present Reagan 65 Senior Circuit Judge John M. Duhé Jr. inactive 1933 1988–1999 — 1999–present Reagan 66 Senior Circuit Judge Jacques L. Wiener Jr. New Orleans, LA 1934 1990–2010 — 2010–present G.H.W. Bush 67 Senior Circuit Judge Rhesa Barksdale Jackson, MS 1944 1990–2009 — 2009–present G.H.W. Bush 73 Senior Circuit Judge James L. Dennis New Orleans, LA 1936 1995–2022 — 2022–present Clinton 74 Senior Circuit Judge Edith Brown Clement New Orleans, LA 1948 2001–2018 — 2018–present G.W. Bush
Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (the Supreme 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 as senior 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 [ edit ] The court has had 29 seats for active judges. Twelve of these seats were reassigned to the United 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 assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats.
Seat 5 Established on May 31, 1938 by 52 Stat. 584 McCord AL 1938–1951 Rives AL 1951–1966 Godbold AL 1966–1981 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 Waller FL 1943–1950 Strum FL 1950–1954 W. Jones FL 1955–1966 Dyer FL 1966–1976 Fay FL 1976–1981 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 Tuttle GA 1954–1968 Morgan GA 1968–1978 Kravitch GA 1979–1981 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 Gewin AL 1961–1976 Vance AL 1977–1981 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 Bell GA 1961–1976 J. Hill GA 1976–1981 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 Goldberg TX 1966–1980 Williams TX 1980–1990 DeMoss, Jr. TX 1991–2007 Haynes TX 2008–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. LA 1966–1981 Davis LA 1983–2016 Duncan LA 2018–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 Simpson FL 1966–1975 Tjoflat FL 1975–1981 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 Clayton MS 1967–1969 C. Clark MS 1969–1992 Dennis LA 1995–2022 Douglas LA 2022–present
Seat 14 Established on June 18, 1968 by 82 Stat. 184 Carswell FL 1969–1970 Roney FL 1970–1981 Reassigned on October 1, 1981 to the United States Court of Appeals for the Eleventh Circuit by 94 Stat. 1994
Seat 16 Established on October 20, 1978 by 92 Stat. 1629 F. Johnson AL 1979–1981 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 Henderson GA 1979–1981 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 III GA 1979–1981 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. King TX 1979–2013 Ho TX 2018–present
Seat 20 Established on October 20, 1978 by 92 Stat. 1629 Politz LA 1979–1999 Pickering MS 2004 Southwick MS 2007–present
Seat 21 Established on October 20, 1978 by 92 Stat. 1629 Hatchett FL 1979–1981 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 Reavley TX 1979–1990 E. Garza TX 1991–2012 Willett TX 2018–present
Seat 25 Established on October 20, 1978 by 92 Stat. 1629 T. Clark FL 1979–1981 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 Garwood TX 1981–1997 Richman TX 2005–present
Seat 27 Established on July 10, 1984 by 98 Stat. 333 E. Jones TX 1985–present
Seat 28 Established on July 10, 1984 by 98 Stat. 333 Smith TX 1987–present
Seat 29 Established on December 1, 1990 by 104 Stat. 5089 Stewart LA 1994–present
^ "Practitioner's Guide to the U.S. Court of Appeals for the Fifth Circuit" (PDF) . Archived from the original (PDF) on 2011-06-13. Retrieved 2011-06-26 . ^ Kanu, Hassan Ali (October 15, 2024). "America's Judicial Divisions" . The American Prospect. Retrieved November 2, 2024 . ^ "That Fascinating and Frenetic Fifth ", Time Magazine, 1964-12-04. ^ Scarcella, Mike "Conservative 5th Circuit judge takes helm at key US appeals court" Reuters , October 4, 2024. Retrieved October 6, 2024. ^ Millhiser, Ian (December 27, 2022). "The Trumpiest court in America" . Vox . Retrieved August 25, 2024 . ^ Vladeck, Stephen I. (2023-11-28). "Why the Fifth Circuit Keeps Making Such Outlandish Decisions" . The Atlantic . Retrieved 2024-08-25 . ^ Klibanoff, By Eleanor (2024-07-02). "Again and again, U.S. Supreme Court slaps down 5th Circuit" . The Texas Tribune . Retrieved 2024-08-25 . ^ Schonfeld, Zach (2024-07-13). "Supreme Court pushes back on 5th Circuit's conservative breeding ground" . The Hill . Retrieved 2024-08-25 . ^ Gerstein, Josh (June 21, 2024). "Clarence Thomas was snubbed in the Supreme Court's gun ruling. So were a few other people" . Politico . Retrieved August 25, 2024 . ^ "Supreme Court preserves access to abortion pill" . SCOTUSblog . 2024-06-13. Retrieved 2024-08-25 . ^ "Supreme Court upholds bar on guns under domestic-violence restraining orders" . SCOTUSblog . 2024-06-21. Retrieved 2024-08-25 . ^ Feldman, Adam (December 11, 2023). "Supreme Court Eyeing Fifth Circuit, But Too Early to Decipher Why" . Bloomberg Law . Retrieved August 25, 2024 . ^ Pardee was appointed as a circuit judge for the Fifth Circuit in 1881 by James A. Garfield . The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Fifth Circuit. ^ 28 U.S.C. § 45 ^ 62 Stat. 871 , 72 Stat. 497 , 96 Stat. 51
Courts of appeals District courts Alabama (M , N , S ) Alaska Arizona Arkansas (E , W ) California (C , E , N , S ) Colorado Connecticut Delaware District of Columbia Florida (M , N , S ) Georgia (M , N , S ) Hawaii Idaho Illinois (C , N , S ) Indiana (N , S ) Iowa (N , S ) Kansas Kentucky (E , W ) Louisiana (E , M , W ) Maine Maryland Massachusetts Michigan (E , W ) Minnesota Mississippi (N , S ) Missouri (E , W ) Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York (E , N , S , W ) North Carolina (E , M , W ) North Dakota Ohio (N , S ) Oklahoma (E , N , W ) Oregon Pennsylvania (E , M , W ) Puerto Rico Rhode Island South Carolina South Dakota Tennessee (E , M , W ) Texas (E , N , S , W ) Utah Vermont Virginia (E , W ) Washington (E , W ) West Virginia (N , S ) Wisconsin (E , W ) Wyoming Specialty courts Territorial courts Extinct courts Note
International National People