Emilio M. Garza

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Emilio Miller Garza
Emilio M. Garza

Incumbent
Assumed office 
1991
Nominated by George H. W. Bush
Preceded by Thomas Morrow Reavley

Born 1947
San Antonio, Texas

Emilio Miller Garza (born 1947 in San Antonio, Texas) is a judge on the United States Court of Appeals for the Fifth Circuit.

Garza graduated from the University of Notre Dame in 1969, receiving an MA there in 1970. He then joined the U.S. Marine Corps, in which he was an officer from 1970-1973. Garza earned his Juris Doctor at The University of Texas School of Law in 1976. He was an attorney in private practice with the law firm of Clemens, Spencer, Welmaker & Fink in San Antonio between 1976 and 1986.

On February 2, 1988, President Ronald Reagan appointed Garza to the United States District Court for the Western District of Texas, to fill the seat vacated by William S. Sessions. The U.S. Senate confirmed Garza's appointment on April 19, 1988. On April 11, 1991, President George H. W. Bush nominated Garza to the Court of Appeals, and he was confirmed by the Senate on May 24, 1991.

Garza has been mentioned as a potential nominee to the United States Supreme Court. In fact, he was interviewed in 1991 for the vacancy created by the retirement of Justice Thurgood Marshall. That seat ultimately went to Justice Clarence Thomas.

[edit] Notable opinions

  • Majority opinion in Comacho v. Texas Workforce Commission, 2005 WL 995675 (5th Cir. Apr. 29, 2005)
  • Majority opinion in U.S. v. Bird, 401 F.3d 633 (5th Cir. 2005)
  • Majority opinion in Wallace v. County of Comal, 400 F.3d 284 (5th Cir. 2005)
  • Majority opinion in Sierra Club v. Peterson, 228 F.3d 559 (5th Cir. 2000) (en banc)
  • Majority opinion in Atwater v. City of Lago Vista, 195 F.3d 242 (5th Cir. 1999) (en banc)
  • Majority opinion in United States v. Navarro, 169 F.3d 228 (5th Cir. 1999)
  • Majority opinion in United States v. Castillo, 179 F.3d 321 (5th Cir. 1999)
  • Special concurrence in Flores v. Johnson, 210 F.3d 456 (2000)
  • Special concurrence in Causeway Med. Suites v. Ieyoub, 109 F.3d 1096 (5th Cir. 1997)
  • Concurring opinion Doe v. Hillsboro Independent School District, 113 F.3d 1412 (5th Cir. 1997)(en banc)

[edit] See also