United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Fifth Circuit
(5th Cir.)
Location John Minor Wisdom United States Court of Appeals Building
New Orleans, Louisiana
Appeals from
Established June 16, 1891
Chief judge Carl E. Stewart
Active judges 17
Senior judges 8
Circuit justice Samuel Alito[1]
Official website

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:

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.[2]

History of the court

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.

On October 1, 1981, under Public Law 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 transferred to Panamanian control.

The Fifth Circuit Four

During the late 1950s, Chief Judge Elbert Tuttle and his three 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.[3]

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, but has since returned to normal operations in New Orleans.

Current composition of the court

As of January 1, 2017, the judges on the court are as follows:[4]

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
71 Chief Judge Carl E. Stewart Shreveport, LA 1950 1994–present 2012–present — Clinton
60 Circuit Judge E. Grady Jolly Jackson, MS 1937 1982–present — — Reagan
63 Circuit Judge Edith H. Jones Houston, TX 1949 1985–present 2006–2012 — Reagan
64 Circuit Judge Jerry Edwin Smith Houston, TX 1946 1987–present — — Reagan
73 Circuit Judge James L. Dennis New Orleans, LA 1936 1995–present — — Clinton
74 Circuit Judge Edith Brown Clement New Orleans, LA 1948 2001–present — — G.W. Bush
75 Circuit Judge Edward C. Prado San Antonio, TX 1947 2003–present — — G.W. Bush
77 Circuit Judge Priscilla Owen Austin, TX 1954 2005–present — — G.W. Bush
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 vacant — — — — — —
85 Circuit Judge vacant — — — — — —
86 Circuit Judge vacant — — — — — —
51 Senior Circuit Judge Carolyn Dineen King Houston, TX 1938 1979–2013 1999–2006 2013–present Carter
53 Senior Circuit Judge Thomas Morrow Reavley Houston, TX 1921 1979–1990 — 1990–present Carter
59 Senior Circuit Judge Patrick Higginbotham Austin, TX 1938 1982–2006 — 2006–present Reagan
61 Senior Circuit Judge W. Eugene Davis Lafayette, 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 "Pete" Benavides Austin, TX 1947 1994–2012 — 2012–present Clinton

    Vacancies and pending nominations

    Seat Seat Last Held By Vacancy Reason Date of Vacancy Nominee Date of Nomination
    22 Emilio M. Garza Senior status August 1, 2012 – –
    20 Carolyn Dineen King Senior status December 31, 2013 – –
    10 W. Eugene Davis Senior status December 31, 2016 – –
    2 E. Grady Jolly Senior status October 3, 2017[5] – –

    List of former judges

    Sixty-one judges formerly served on the court but no longer do:[4]

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

    Chief judges

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

    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 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 filled. Judges who retire into senior status remain on the bench but leave their seat vacant. That seat is filled by the next circuit judge appointed by the president.

    Seat 1
    Established on December 10, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Fifth Circuit
    Reassigned to the United States Circuit Court of Appeals for the Fifth Circuit by the Judiciary Act of 1891
    Pardee LA 1891–1919
    A. King GA 1920–1924
    Foster LA 1925–1942
    Lee LA 1943–1949
    Borah LA 1949–1956
    Wisdom LA 1957–1977
    Rubin LA 1977–1989
    Barksdale MS 1990–2009
    Graves MS 2011–present
    Seat 2
    Established on June 16, 1891 by the Judiciary Act of 1891
    McCormick TX 1892–1916
    Batts TX 1917–1919
    Bryan FL 1920–1935
    Holmes MS 1936–1954
    Cameron MS 1955–1964
    Coleman MS 1965–1981
    Jolly MS 1982–present
    Seat 3
    Established on January 25, 1899 by 30 Stat. 803
    Shelby AL 1899–1914
    Walker AL 1914–1930
    Sibley GA 1931–1949
    Russell GA 1949–1955
    Brown TX 1955–1984
    R. Hill TX 1984–1987
    Wiener LA 1990–2010
    Higginson LA 2011–present
    Seat 4
    Established on June 10, 1930 by 46 Stat. 538
    Hutcheson TX 1931–1964
    Thornberry TX 1965–1978
    R. Garza TX 1979–1982
    Higginbotham TX 1982–2006
    Elrod TX 2007–present
    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
    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 9
    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 10
    Established as a temporary judgeship on March 18, 1966 by 80 Stat. 75
    Made permanent on June 18, 1968 by 82 Stat. 184
    Ainsworth LA 1966–1981
    Davis LA 1983–2016
    vacant N/A 2016–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
    Goldberg TX 1966–1980
    Williams TX 1980–1990
    DeMoss TX 1991–2007
    Haynes TX 2008–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–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 15
    Established on June 18, 1968 by 82 Stat. 184
    Ingraham TX 1969–1973
    Gee TX 1973–1991
    Benavides TX 1994–2012
    Costa TX 2014–present
    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
    Anderson 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
    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 19
    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 20
    Established on October 20, 1978 by 92 Stat. 1629
    C. King TX 1979–2013
    vacant TX 2013–present
    Seat 21
    Established on October 20, 1978 by 92 Stat. 1629
    Politz LA 1979–1999
    Pickering MS 2004–2004
    Southwick MS 2007–present
    Seat 22
    Established on October 20, 1978 by 92 Stat. 1629
    Reavley TX 1979–1990
    E. Garza TX 1991–2012
    vacant TX 2012–present
    Seat 23
    Established on October 20, 1978 by 92 Stat. 1629
    S. Johnson TX 1979–1991
    Parker TX 1994–2002
    Prado TX 2003–present
    Seat 24
    Established on October 20, 1978 by 92 Stat. 1629
    Tate LA 1979–1986
    Duhé LA 1988–1999
    Clement LA 2001–present
    Seat 25
    Established on October 20, 1978 by 92 Stat. 1629
    T. Clark GA 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
    Owen 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

    See also

    References

    1. ↑ https://www.supremecourt.gov/orders/courtorders/062717zr1_5426.pdf
    2. ↑ Practitioner’s Guide to the U.S. Court of Appeals for the Fifth Circuit
    3. ↑ "That Fascinating and Frenetic Fifth," Time Magazine, 1964-12-04.
    4. 1 2 "U. S. Court of Appeals for the Fifth Circuit". Official website of the Federal Judicial Center. Archived from the original on March 26, 2005. Retrieved June 19, 2005.
    5. ↑ Future Judicial Vacancies
    6. ↑ 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.
    7. 1 2 Recess appointment, confirmed by the United States Senate at a later date.
    8. ↑ Recess appointment, never confirmed or rejected by the Senate.
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