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U.S. Court of Appeals for the Fifth Circuit

New Orleans, Louisiana17 authorized judgeships

About the Court

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Fifth Circuit

Current United States federal appellate court

United States Court of Appeals for the Fifth Circuit
(5th Cir.)
Location
Appealsfrom
Established
Judges
CircuitJustice
ChiefJudge
www.ca5.uscourts.gov

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](https://en.wikipedia.org/wiki/John_Minor_Wisdom_United_States_Court_of_Appeals_Building "

History

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. 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.

Fifth Circuit Four

Main article: Fifth Circuit Four

Starting in the late 1950s, judges Elbert Parr Tuttle (chief judge 1960–1967), John Minor Wisdom, John R. Brown (chief judge 1967–1979), 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.[2] During this era, the role of the Fifth Circuit in civil rights caused the court to be nicknamed the "Supreme Court of Dixie".[3]

2020s

During his first 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] Some 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] Appeals from the Fifth Circuit "have made up a disproportionate number of cases heard by the Supreme Court".[13]

List of former judges

| # | Judge | State | Born–died | Active service | Chief Judge | [Senior status](https://en.wikipedia.org/wiki/

Judges

Current composition of the court

As of March16,2026[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
63 Circuit Judge Edith Jones Houston, TX 1949 1985–present 2006–2012
64 Circuit Judge Jerry Edwin Smith Houston, TX 1946 1987–present
71 Circuit Judge Carl E. Stewart Shreveport, LA 1950 1994–present 2012–2019
77 Circuit Judge Priscilla Richman Austin, TX 1954 2005–present 2019–2024
79 Circuit Judge Leslie H. Southwick Austin, TX 1950 2007–present
80 Circuit Judge Catharina Haynes Dallas, TX 1963 2008–present
81 Circuit Judge James E. Graves Jr. Jackson, MS 1953 2011–present
82 Circuit Judge Stephen A. Higginson New Orleans, LA 1961 2011–present
84 Circuit Judge Don Willett Austin, TX 1966 2018–present
85 Circuit Judge James C. Ho Dallas, TX 1973 2018–present
86 Circuit Judge Kyle Duncan New Orleans, LA 1972 2018–present
87 Circuit Judge Kurt D. Engelhardt New Orleans, LA 1960 2018–present
88 Circuit Judge Andrew Oldham Austin, TX 1978 2018–present
89 Circuit Judge Cory T. Wilson Jackson, MS 1970 2020–present
90 Circuit Judge Dana Douglas [N

Court overview, history, and judge data sourced from Wikipedia (CC-BY-SA 3.0).

Notable Opinions (2)

Texas v. United States

809 F.3d 134 (5th Cir. 2015)

United States Court of Appeals for the Fifth CircuitNovember 9, 2015

Upheld a preliminary injunction blocking President Obama's Deferred Action for Parents of Americans (DAPA) program, finding it likely exceeded executive authority under the Immigration and Nationality Act. The decision was affirmed by an equally divided Supreme Court.

Circuit Courtimmigration
NetChoice, LLC v. Paxton

49 F.4th 439 (5th Cir. 2022)

United States Court of Appeals for the Fifth CircuitSeptember 16, 2022

Upheld Texas HB 20, which prohibits large social media platforms from censoring users based on viewpoint. The court held that social media platforms are common carriers and their content moderation decisions are not protected by the First Amendment. Created a circuit split with the Eleventh Circuit, later addressed by the Supreme Court.

Circuit Courtcivil rightsbusiness

Jurisdiction

The Fifth Circuit covers the following jurisdictions:

LAMSTX

Court Information

Seat
New Orleans, Louisiana
Authorized Judgeships
17
Circuit Number
5th