United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit | |
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(5th Cir.) | |
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Location | John Minor Wisdom U.S. Court of Appeals Building |
Appeals from | |
Established | June 16, 1891 |
Judges | 17 |
Circuit Justice | Samuel Alito |
Chief Judge | Carl E. Stewart |
www |
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. 96β452, 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, but has since returned to normal operations in New Orleans.
Current composition of the court
As of July 18, 2018, the judges on the court are as follows:[3]
# | Title | Judge | Duty station | Born | Term of service | Appointed by | ||
---|---|---|---|---|---|---|---|---|
Active | Chief | Senior | ||||||
71 | Chief Judge | Carl E. Stewart | Shreveport, LA | 1950 | 1994βpresent | 2012βpresent | β | Clinton |
63 | Circuit Judge | Edith Jones | Houston, TX | 1949 | 1985βpresent | 2006β2012 | β | Reagan |
64 | Circuit Judge | Jerry Edwin Smith | Houston, TX | 1946 | 1987βpresent | β | β | Reagan |
73 | Circuit Judge | James L. Dennis | New Orleans, LA | 1936 | 1995βpresent | β | β | Clinton |
77 | Circuit Judge | Priscilla Owen | Austin, TX | 1954 | 2005βpresent | β | β | G.W. Bush |
78 | Circuit Judge | Jennifer Walker Elrod | Houston, TX | 1966 | 2007βpresent | β | β | G.W. Bush |
79 | Circuit Judge | Leslie H. Southwick | Jackson, MS | 1950 | 2007βpresent | β | β | G.W. Bush |
80 | Circuit Judge | Catharina Haynes | Dallas, TX | 1963 | 2008βpresent | β | β | G.W. Bush |
81 | Circuit Judge | James E. Graves Jr. | Jackson, MS | 1953 | 2011βpresent | β | β | Obama |
82 | Circuit Judge | Stephen A. Higginson | New Orleans, LA | 1961 | 2011βpresent | β | β | Obama |
83 | Circuit Judge | Gregg Costa | Houston, TX | 1972 | 2014βpresent | β | β | Obama |
84 | Circuit Judge | Don Willett | Austin, TX | 1966 | 2018βpresent | β | β | Trump |
85 | Circuit Judge | James C. Ho | Dallas, TX | 1973 | 2018βpresent | β | β | Trump |
86 | Circuit Judge | Kyle Duncan | Baton Rouge, LA | 1972 | 2018βpresent | β | β | Trump |
87 | Circuit Judge | Kurt D. Engelhardt | New Orleans, LA | 1960 | 2018βpresent | β | β | Trump |
88 | Circuit Judge | Andy Oldham | Austin, TX | 1978 | 2018βpresent | β | β | Trump |
89 | Circuit Judge | vacant | β | β | β | β | β | β |
51 | Senior Circuit Judge | Carolyn Dineen King | Houston, TX | 1938 | 1979β2013 | 1999β2006 | 2013βpresent | Carter |
53 | Senior Circuit Judge | Thomas Morrow Reavley | Houston, TX | 1921 | 1979β1990 | β | 1990βpresent | Carter |
59 | Senior Circuit Judge | E. Grady Jolly | Jackson, MS | 1937 | 1982β2017 | β | 2017βpresent | Reagan |
60 | Senior Circuit Judge | Patrick Higginbotham | Austin, TX | 1938 | 1982β2006 | β | 2006βpresent | Reagan |
61 | Senior Circuit Judge | W. Eugene Davis | New Orleans, LA | 1936 | 1983β2016 | β | 2016βpresent | Reagan |
65 | Senior Circuit Judge | John Malcolm DuhΓ© Jr. | inactive | 1933 | 1988β1999 | β | 1999βpresent | Reagan |
66 | Senior Circuit Judge | Rhesa Hawkins Barksdale | Jackson, MS | 1944 | 1990β2009 | β | 2009βpresent | G.H.W. Bush |
67 | Senior Circuit Judge | Jacques L. Wiener Jr. | New Orleans, LA | 1934 | 1990β2010 | β | 2010βpresent | G.H.W. Bush |
70 | Senior Circuit Judge | Fortunato Benavides | Austin, TX | 1947 | 1994β2012 | β | 2012βpresent | Clinton |
74 | Senior Circuit Judge | Edith Brown Clement | New Orleans, LA | 1948 | 2001β2018 | β | 2018βpresent | 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 |
---|---|---|---|---|---|---|
2 | Jackson, MS | E. Grady Jolly | Senior status | October 3, 2017 | β | β |
List of former judges
# |
Judge |
State |
Born/Died |
Active |
Chief |
Senior |
Appointed by |
Reason for termination |
---|---|---|---|---|---|---|---|---|
1 | Don Albert Pardee | LA | 1837β1919 | 1891β1919 | β | β | [4] | death |
2 | Andrew Phelps McCormick | TX | 1832β1916 | 1892β1916 | β | β | B. Harrison | death |
3 | David Davie Shelby | AL | 1847β1914 | 1899β1914 | β | β | McKinley | death |
4 | Richard Wilde Walker Jr. | AL | 1857β1936 | 1914β1930 | β | 1930β1936 | Wilson | death |
5 | Robert Lynn Batts | TX | 1864β1935 | 1917β1919 | β | Wilson | resignation | |
6 | Nathan Philemon Bryan | FL | 1872β1935 | 1920β1935 | β | β | Wilson | death |
7 | Alexander Campbell King | GA | 1856β1926 | 1920β1924 | β | β | Wilson | resignation |
8 | Rufus Edward Foster | LA | 1871β1942 | 1925β1942 | β | β | Coolidge | death |
9 | Samuel Hale Sibley | GA | 1873β1958 | 1931β1949 | β | 1949β1958 | Hoover | death |
10 | Joseph Chappell Hutcheson Jr. | TX | 1879β1973 | 1931β1964 | 1948β1959 | 1964β1973 | Hoover | death |
11 | Edwin R. Holmes | MS | 1878β1961 | 1936β1954 | β | 1954β1961 | F. Roosevelt | death |
12 | Leon Clarence McCord | AL | 1878β1952 | 1938β1951 | β | 1951β1952 | F. Roosevelt | death |
13 | Curtis L. Waller | FL | 1887β1950 | 1943β1950 | β | β | F. Roosevelt | death |
14 | Elmo Pearce Lee | LA | 1882β1949 | 1943β1949 | β | β | F. Roosevelt | death |
15 | Wayne G. Borah | LA | 1891β1966 | 1949β1956 | β | 1956β1966 | Truman | death |
16 | Robert Lee Russell | GA | 1900β1955 | 1949β1955 | β | β | Truman | death |
17 | Louie Willard Strum | FL | 1890β1954 | 1950β1954 | β | β | Truman | death |
18 | Richard Rives | AL | 1895β1982 | 1951β1966 | 1959β1960 | 1966β1981 | Truman | reassignment to 11th Cir. |
19 | Elbert Tuttle | GA | 1897β1996 | 1954β1968 | 1960β1967 | 1968β1981 | Eisenhower | reassignment to 11th Cir. |
20 | Benjamin Franklin Cameron | MS | 1890β1964 | 1955β1964 | β | β | Eisenhower | death |
21 | Warren Leroy Jones | FL | 1895β1993 | 1955β1966 | β | 1966β1981 | Eisenhower | reassignment to 11th Cir. |
22 | John Robert Brown | TX | 1909β1984 | 1955β1984 | 1967β1979 | 1984β1993 | Eisenhower | death |
23 | John Minor Wisdom | LA | 1905β1999 | 1957β1977 | β | 1977β1999 | Eisenhower | death |
24 | Griffin Bell | GA | 1918β2009 | 1961[5]β1976 | β | β | Kennedy | resignation |
25 | Walter Pettus Gewin | AL | 1908β1981 | 1961[5]β1976 | β | 1976β1981 | Kennedy | death |
26 | Homer Thornberry | TX | 1909β1995 | 1965β1978 | β | 1978β1995 | L. Johnson | death |
27 | James P. Coleman | MS | 1914β1991 | 1965β1981 | 1979β1981 | 1981β1984 | L. Johnson | retirement |
28 | Robert Andrew Ainsworth Jr. | LA | 1910β1981 | 1966β1981 | β | β | L. Johnson | death |
29 | John Cooper Godbold | AL | 1920β2009 | 1966β1981 | 1981β1981 | β | L. Johnson | reassignment to 11th Cir. |
30 | Irving Loeb Goldberg | TX | 1906β1995 | 1966β1980 | β | 1980β1995 | L. Johnson | death |
31 | David W. Dyer | FL | 1910β1998 | 1966β1976 | β | 1976β1981 | L. Johnson | reassignment to 11th Cir. |
32 | John Milton Bryan Simpson | FL | 1903β1987 | 1966β1975 | β | 1975β1981 | L. Johnson | reassignment to 11th Cir. |
33 | Claude Feemster Clayton | MS | 1909β1969 | 1967β1969 | β | β | L. Johnson | death |
34 | Lewis Render Morgan | GA | 1913β2001 | 1968β1978 | β | 1978β1981 | L. Johnson | reassignment to 11th Cir. |
35 | G. Harrold Carswell | FL | 1919β1992 | 1969β1970 | β | β | Nixon | resignation |
36 | Charles Clark | MS | 1925β2011 | 1969β1992 | 1981β1992 | β | Nixon | retirement |
37 | Joe McDonald Ingraham | TX | 1903β1990 | 1969β1973 | β | 1973β1990 | Nixon | death |
38 | Paul Hitch Roney | FL | 1921β2006 | 1970β1981 | β | β | Nixon | reassignment to 11th Cir. |
39 | Thomas Gibbs Gee | TX | 1925β1994 | 1973β1991 | β | β | Nixon | retirement |
40 | Gerald Bard Tjoflat | FL | 1929βpresent | 1975β1981 | β | β | Ford | reassignment to 11th Cir. |
41 | James Clinkscales Hill | GA | 1924β2017 | 1976β1981 | β | β | Ford | reassignment to 11th Cir. |
42 | Peter T. Fay | FL | 1929βpresent | 1976β1981 | β | β | Ford | reassignment to 11th Cir. |
43 | Alvin Benjamin Rubin | LA | 1920β1991 | 1977β1989 | β | 1989β1991 | Carter | death |
44 | Robert Smith Vance | AL | 1931β1989 | 1977β1981 | β | β | Carter | reassignment to 11th Cir. |
45 | Phyllis A. Kravitch | GA | 1920β2017 | 1979β1981 | β | β | Carter | reassignment to 11th Cir. |
46 | Frank Minis Johnson | AL | 1918β1999 | 1979β1981 | β | β | Carter | reassignment to 11th Cir. |
47 | R. Lanier Anderson III | GA | 1936βpresent | 1979β1981 | β | β | Carter | reassignment to 11th Cir. |
48 | Reynaldo Guerra Garza | TX | 1915β2004 | 1979β1982 | β | 1982β2004 | Carter | death |
49 | Joseph W. Hatchett | FL | 1932βpresent | 1979β1981 | β | β | Carter | reassignment to 11th Cir. |
50 | Albert John Henderson | GA | 1920β1999 | 1979β1981 | β | β | Carter | reassignment to 11th Cir. |
52 | Henry Anthony Politz | LA | 1932β2002 | 1979β1999 | 1992β1999 | 1999β2002 | Carter | death |
54 | Samuel D. Johnson Jr. | TX | 1920β2002 | 1979β1991 | β | 1991β2002 | Carter | death |
55 | Albert Tate Jr. | LA | 1920β1986 | 1979β1986 | β | β | Carter | death |
56 | Thomas Alonzo Clark | GA | 1920β2005 | 1979β1981 | β | β | Carter | reassignment to 11th Cir. |
57 | Jerre Stockton Williams | TX | 1916β1993 | 1980β1990 | β | 1990β1993 | Carter | death |
58 | William Lockhart Garwood | TX | 1931β2011 | 1981β1997 | β | 1997β2011 | Reagan | death |
62 | Robert Madden Hill | TX | 1928β1987 | 1984β1987 | β | β | Reagan | death |
68 | Emilio M. Garza | TX | 1947βpresent | 1991β2012 | β | 2012β2015 | G.H.W. Bush | retirement |
69 | Harold R. DeMoss Jr. | TX | 1930βpresent | 1991β2007 | β | 2007β2015 | G.H.W. Bush | retirement |
72 | Robert Manley Parker | TX | 1937βpresent | 1994β2002 | β | β | Clinton | retirement |
75 | Edward C. Prado | TX | 1947βpresent | 2003β2018 | β | β | G.W. Bush | retirement |
76 | Charles W. Pickering | MS | 1937βpresent | 2004[6] | β | β | G.W. Bush | retirement |
Chief judges
Chief Judge | |||
---|---|---|---|
Hutcheson, Jr. | 1948β1959 | ||
Rives | 1959β1960 | ||
Tuttle | 1960β1967 | ||
Brown | 1967β1979 | ||
Coleman | 1979β1981 | ||
Godbold | 1981 | ||
C. Clark | 1981β1992 | ||
Politz | 1992β1999 | ||
C. King | 1999β2006 | ||
Jones | 2006β2012 | ||
Stewart | 2012βpresent |
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 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.
See also
References
- ^ "Practitioner's Guide to the U.S. Court of Appeals for the Fifth Circuit" (PDF). Archived from the original (PDF) on 2011-06-13. Retrieved 2011-06-26.
- ^ "That Fascinating and Frenetic Fifth," Time Magazine, 1964-12-04.
- ^ "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.
- ^ 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.
- ^ a b Recess appointment, confirmed by the United States Senate at a later date.
- ^ Recess appointment, never confirmed or rejected by the Senate.
- Bass, Jack (1990). Unlikely Heroes. University of Alabama Press. ISBN 0-8173-0491-6.