United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Fifth Circuit
(5th Cir.)
Location	John Minor Wisdom U.S. Court of Appeals Building (New Orleans, Louisiana)
Appeals from	Eastern District of Louisiana Middle District of Louisiana Western District of Louisiana Northern District of Mississippi Southern District of Mississippi Eastern District of Texas Northern District of Texas Southern District of Texas Western District of Texas
Established	June 16, 1891
Judges	17
Circuit Justice	Samuel Alito
Chief Judge	Priscilla Owen
www.ca5.uscourts.gov

The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts:

• Eastern District of Louisiana
• Middle District of Louisiana
• Western District of Louisiana
• Northern District of Mississippi
• Southern District of Mississippi
• Eastern District of Texas
• Northern District of Texas
• Southern District of Texas
• Western District of Texas

The court is one of 13 United States courts of appeals. Composed of 17 active judges, it is based 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]

History of the court[]

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.

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[]

During the late 1950s, Chief Judge Elbert Tuttle and three of his colleagues (John Minor Wisdom, John Brown, and Richard Rives) 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.^[2]

Hurricane Katrina[]

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.

Current composition of the court[]

As of December 1, 2020:

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
77	Chief Judge	Priscilla Owen	Austin, TX	1954	2005–present	2019–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
73	Circuit Judge	James L. Dennis	New Orleans, LA	1936	1995–present	—	—	Clinton
78	Circuit Judge	Jennifer Walker Elrod	Houston, TX	1966	2007–present	—	—	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
83	Circuit Judge	Gregg Costa	Houston, TX	1972	2014–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	Andy Oldham	Austin, TX	1978	2018–present	—	—	Trump
89	Circuit Judge	Cory T. Wilson	Jackson, MS	1970	2020–present	—	—	Trump
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 Malcolm Duhé Jr.	inactive	1933	1988–1999	—	1999–present	Reagan
66	Senior Circuit Judge	Rhesa Hawkins Barksdale	Jackson, MS	1944	1990–2009	—	2009–present	G.H.W. Bush
67	Senior Circuit Judge	Jacques L. Wiener Jr.	New Orleans, LA	1934	1990–2010	—	2010–present	G.H.W. Bush
70	Senior Circuit Judge	Fortunato Benavides	Austin, TX	1947	1994–2012	—	2012–present	Clinton
74	Senior Circuit Judge	Edith Brown Clement	New Orleans, LA	1948	2001–2018	—	2018–present	G.W. Bush

Vacancies and pending nominations[]

Seat	Prior Judge's Duty Station	Seat last held by	Vacancy reason	Date of vacancy	Nominee	Date of nomination
13	New Orleans	James L. Dennis	Senior status	TBD[3]	–	–

List of former judges[]

#	Judge	State	Born–died	Active service	Chief Judge	Senior status	Appointed by	Reason for termination
1	Don Albert Pardee	LA	1837–1919	1891–1919	—	—	[4]	death
2	Andrew Phelps McCormick	TX	1832–1916	1892–1916	—	—	B. Harrison	death
3	David Davie Shelby	AL	1847–1914	1899–1914	—	—	McKinley	death
4	Richard Wilde Walker Jr.	AL	1857–1936	1914–1930	—	1930–1936	Wilson	death
5	Robert Lynn Batts	TX	1864–1935	1917–1919	—	—	Wilson	resignation
6	Nathan Philemon Bryan	FL	1872–1935	1920–1935	—	—	Wilson	death
7	Alexander Campbell King	GA	1856–1926	1920–1924	—	—	Wilson	resignation
8	Rufus Edward Foster	LA	1871–1942	1925–1942	—	—	Coolidge	death
9	Samuel Hale Sibley	GA	1873–1958	1931–1949	—	1949–1958	Hoover	death
10	Joseph Chappell Hutcheson Jr.	TX	1879–1973	1931–1964	1948–1959	1964–1973	Hoover	death
11	Edwin R. Holmes	MS	1878–1961	1936–1954	—	1954–1961	F. Roosevelt	death
12	Leon Clarence McCord	AL	1878–1952	1938–1951	—	1951–1952	F. Roosevelt	death
13	Curtis L. Waller	FL	1887–1950	1943–1950	—	—	F. Roosevelt	death
14	Elmo Pearce Lee	LA	1882–1949	1943–1949	—	—	F. Roosevelt	death
15	Wayne G. Borah	LA	1891–1966	1949–1956	—	1956–1966	Truman	death
16	Robert Lee Russell	GA	1900–1955	1949–1955	—	—	Truman	death
17	Louie Willard Strum	FL	1890–1954	1950–1954	—	—	Truman	death
18	Richard Rives	AL	1895–1982	1951–1966	1959–1960	1966–1981	Truman	reassignment to 11th Cir.
19	Elbert Tuttle	GA	1897–1996	1954–1968	1960–1967	1968–1981	Eisenhower	reassignment to 11th Cir.
20	Benjamin Franklin Cameron	MS	1890–1964	1955–1964	—	—	Eisenhower	death
21	Warren Leroy Jones	FL	1895–1993	1955–1966	—	1966–1981	Eisenhower	reassignment to 11th Cir.
22	John Robert Brown	TX	1909–1993	1955–1984	1967–1979	1984–1993	Eisenhower	death
23	John Minor Wisdom	LA	1905–1999	1957–1977	—	1977–1999	Eisenhower	death
24	Griffin Bell	GA	1918–2009	1961–1976[Note 1]	—	—	Kennedy	resignation
25	Walter Pettus Gewin	AL	1908–1981	1961–1976[Note 2]	—	1976–1981	Kennedy	death
26	Homer Thornberry	TX	1909–1995	1965–1978	—	1978–1995	L. Johnson	death
27	James P. Coleman	MS	1914–1991	1965–1981	1979–1981	1981–1984	L. Johnson	retirement
28	Robert Andrew Ainsworth Jr.	LA	1910–1981	1966–1981	—	—	L. Johnson	death
29	John Cooper Godbold	AL	1920–2009	1966–1981	1981–1981	—	L. Johnson	reassignment to 11th Cir.
30	Irving Loeb Goldberg	TX	1906–1995	1966–1980	—	1980–1995	L. Johnson	death
31	David W. Dyer	FL	1910–1998	1966–1976	—	1976–1981	L. Johnson	reassignment to 11th Cir.
32	John Milton Bryan Simpson	FL	1903–1987	1966–1975	—	1975–1981	L. Johnson	reassignment to 11th Cir.
33	Claude Feemster Clayton	MS	1909–1969	1967–1969	—	—	L. Johnson	death
34	Lewis Render Morgan	GA	1913–2001	1968–1978	—	1978–1981	L. Johnson	reassignment to 11th Cir.
35	G. Harrold Carswell	FL	1919–1992	1969–1970	—	—	Nixon	resignation
36	Charles Clark	MS	1925–2011	1969–1992	1981–1992	—	Nixon	retirement
37	Joe McDonald Ingraham	TX	1903–1990	1969–1973	—	1973–1990	Nixon	death
38	Paul Hitch Roney	FL	1921–2006	1970–1981	—	—	Nixon	reassignment to 11th Cir.
39	Thomas Gibbs Gee	TX	1925–1994	1973–1991	—	—	Nixon	retirement
40	Gerald Bard Tjoflat	FL	1929–present	1975–1981	—	—	Ford	reassignment to 11th Cir.
41	James Clinkscales Hill	GA	1924–2017	1976–1981	—	—	Ford	reassignment to 11th Cir.
42	Peter T. Fay	FL	1929–2021	1976–1981	—	—	Ford	reassignment to 11th Cir.
43	Alvin Benjamin Rubin	LA	1920–1991	1977–1989	—	1989–1991	Carter	death
44	Robert Smith Vance	AL	1931–1989	1977–1981	—	—	Carter	reassignment to 11th Cir.
45	Phyllis A. Kravitch	GA	1920–2017	1979–1981	—	—	Carter	reassignment to 11th Cir.
46	Frank Minis Johnson	AL	1918–1999	1979–1981	—	—	Carter	reassignment to 11th Cir.
47	R. Lanier Anderson III	GA	1936–present	1979–1981	—	—	Carter	reassignment to 11th Cir.
48	Reynaldo Guerra Garza	TX	1915–2004	1979–1982	—	1982–2004	Carter	death
49	Joseph W. Hatchett	FL	1932–2021	1979–1981	—	—	Carter	reassignment to 11th Cir.
50	Albert John Henderson	GA	1920–1999	1979–1981	—	—	Carter	reassignment to 11th Cir.
52	Henry Anthony Politz	LA	1932–2002	1979–1999	1992–1999	1999–2002	Carter	death
53	Thomas Morrow Reavley	TX	1921–2020	1979–1990	—	1990–2020	Carter	death
54	Samuel D. Johnson Jr.	TX	1920–2002	1979–1991	—	1991–2002	Carter	death
55	Albert Tate Jr.	LA	1920–1986	1979–1986	—	—	Carter	death
56	Thomas Alonzo Clark	GA	1920–2005	1979–1981	—	—	Carter	reassignment to 11th Cir.
57	Jerre Stockton Williams	TX	1916–1993	1980–1990	—	1990–1993	Carter	death
58	William Lockhart Garwood	TX	1931–2011	1981–1997	—	1997–2011	Reagan	death
62	Robert Madden Hill	TX	1928–1987	1984–1987	—	—	Reagan	death
68	Emilio M. Garza	TX	1947–present	1991–2012	—	2012–2015	G.H.W. Bush	retirement
69	Harold R. DeMoss Jr.	TX	1930–2020	1991–2007	—	2007–2015	G.H.W. Bush	retirement
72	Robert Manley Parker	TX	1937–2020	1994–2002	—	—	Clinton	retirement
75	Edward C. Prado	TX	1947–present	2003–2018	—	—	G.W. Bush	retirement
76	Charles W. Pickering	MS	1937–present	2004[Note 3]	—	—	G.W. Bush	retirement

Chief judges[]

Chief Judge
Hutcheson, Jr.	1948–1959
Rives	1959–1960
Tuttle	1960–1967
Brown	1967–1979
Coleman	1979–1981
Godbold	1981
C. Clark	1981–1992
Politz	1992–1999
C. King	1999–2006
Jones	2006–2012
Stewart	2012–2019
Owen	2019–present

Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve unless the circuit justice (i.e., 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. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.

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.

Succession of seats[]

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, while vacating their seats, thus allowing the president to appoint new judges to fill their seats.

See also[]

• Courts of Louisiana
• Courts of Mississippi
• Courts of Texas
• Judicial appointment history for United States federal courts#Fifth Circuit
• List of current United States Circuit Judges

References[]

• Bass, Jack (1990). Unlikely Heroes. University of Alabama Press. ISBN 0-8173-0491-6.

External links[]

Wikisource has original works on the topic: United States Court of Appeals for the Fifth Circuit

• United States Court of Appeals for the Fifth Circuit
• Recent Fifth Circuit opinions from FindLaw
• Criminal law opinions from the Fifth Circuit
• Business litigation opinions from the Fifth Circuit