U.S. Court of Appeals for the Fifth Circuit
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:
- 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 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 "
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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/
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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 |
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Court overview, history, and judge data sourced from Wikipedia (CC-BY-SA 3.0).
Notable Opinions (2)
809 F.3d 134 (5th Cir. 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.
49 F.4th 439 (5th Cir. 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.
Jurisdiction
The Fifth Circuit covers the following jurisdictions:
Court Information
- Seat
- New Orleans, Louisiana
- Authorized Judgeships
- 17
- Circuit Number
- 5th