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
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 (New Orleans, Louisiana) |
Appeals from |
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Established | June 16, 1891 |
Judges | 17 |
Circuit Justice | Samuel Alito |
Chief Judge | Jennifer Walker Elrod |
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The Fifth Circuit has 17 active judgeships, and is headquartered 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.
Originally, the Fifth Circuit also included the federal district courts in Alabama, Georgia, and Florida. In 1981, the district courts for those states were transferred to the newly created U.S. Court of Appeals for the Eleventh Circuit.
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. 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.
The Fifth Circuit Four
Starting in the late 1950s, judges Elbert Parr Tuttle (chief judge 1960–67), John Minor Wisdom, John R. Brown (chief judge 1967–79), 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.
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, and returned to normal operations in New Orleans in March 2007.[citation needed]
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. 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%. Some members of the Supreme Court, including Chief Justice John Roberts, have indicated concern with how the Fifth Circuit approaches cases. Several court observers have interpreted the court as being exceptionally conservative in its rulings.
Current composition of the court
As of October 4, 2024[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 | — | G.W. Bush |
63 | Circuit Judge | Edith Jones | Houston, TX | 1949 | 1985–present | 2006–2012 | — | Reagan |
64 | Circuit Judge | Jerry Edwin Smith | Houston, TX | 1946 | 1987–present | — | — | Reagan |
71 | Circuit Judge | Carl E. Stewart | Shreveport, LA | 1950 | 1994–present | 2012–2019 | — | Clinton |
77 | Circuit Judge | Priscilla Richman | Austin, TX | 1954 | 2005–present | 2019–2024 | — | 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 |
84 | Circuit Judge | Don Willett | Austin, TX | 1966 | 2018–present | — | — | Trump |
85 | Circuit Judge | James C. Ho | Dallas, TX | 1973 | 2018–present | — | — | Trump |
86 | Circuit Judge | Kyle Duncan | Baton Rouge, LA | 1972 | 2018–present | — | — | Trump |
87 | Circuit Judge | Kurt D. Engelhardt | New Orleans, LA | 1960 | 2018–present | — | — | Trump |
88 | Circuit Judge | Andrew Oldham | Austin, TX | 1978 | 2018–present | — | — | Trump |
89 | Circuit Judge | Cory T. Wilson | Jackson, MS | 1970 | 2020–present | — | — | Trump |
90 | Circuit Judge | Dana Douglas | New Orleans, LA | 1975 | 2022–present | — | — | Biden |
91 | Circuit Judge | Irma Carrillo Ramirez | Dallas, TX | 1964 | 2023–present | — | — | Biden |
51 | Senior Circuit Judge | Carolyn Dineen King | Houston, TX | 1938 | 1979–2013 | 1999–2006 | 2013–present | Carter |
59 | Senior Circuit Judge | E. Grady Jolly | Jackson, MS | 1937 | 1982–2017 | — | 2017–present | Reagan |
60 | Senior Circuit Judge | Patrick Higginbotham | San Antonio, TX | 1938 | 1982–2006 | — | 2006–present | Reagan |
61 | Senior Circuit Judge | W. Eugene Davis | New Orleans, LA | 1936 | 1983–2016 | — | 2016–present | Reagan |
65 | Senior Circuit Judge | John M. Duhé Jr. | inactive | 1933 | 1988–1999 | — | 1999–present | Reagan |
66 | Senior Circuit Judge | Jacques L. Wiener Jr. | New Orleans, LA | 1934 | 1990–2010 | — | 2010–present | G.H.W. Bush |
67 | Senior Circuit Judge | Rhesa Barksdale | Jackson, MS | 1944 | 1990–2009 | — | 2009–present | G.H.W. Bush |
73 | Senior Circuit Judge | James L. Dennis | New Orleans, LA | 1936 | 1995–2022 | — | 2022–present | Clinton |
74 | Senior Circuit Judge | Edith Brown Clement | New Orleans, LA | 1948 | 2001–2018 | — | 2018–present | G.W. Bush |
List of former judges
# | Judge | State | Born–died | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
---|---|---|---|---|---|---|---|---|
1 | Don Albert Pardee | LA | 1837–1919 | 1891–1919 | — | — | Garfield / Operation of law | death |
2 | Andrew Phelps McCormick | TX | 1832–1916 | 1892–1916 | — | — | B. Harrison | death |
3 | David Davie Shelby | AL | 1847–1914 | 1899–1914 | — | — | McKinley | death |
4 | Richard Wilde Walker Jr. | AL | 1857–1936 | 1914–1930 | — | 1930–1936 | Wilson | death |
5 | Robert Lynn Batts | TX | 1864–1935 | 1917–1919 | — | — | Wilson | resignation |
6 | Nathan Philemon Bryan | FL | 1872–1935 | 1920–1935 | — | — | Wilson | death |
7 | Alexander Campbell King | GA | 1856–1926 | 1920–1924 | — | — | Wilson | resignation |
8 | Rufus Edward Foster | LA | 1871–1942 | 1925–1942 | — | — | Coolidge | death |
9 | Samuel Hale Sibley | GA | 1873–1958 | 1931–1949 | — | 1949–1958 | Hoover | death |
10 | Joseph Chappell Hutcheson Jr. | TX | 1879–1973 | 1931–1964 | 1948–1959 | 1964–1973 | Hoover | death |
11 | Edwin R. Holmes | MS | 1878–1961 | 1936–1954 | — | 1954–1961 | F. Roosevelt | death |
12 | Leon Clarence McCord | AL | 1878–1952 | 1938–1951 | — | 1951–1952 | F. Roosevelt | death |
13 | Curtis L. Waller | FL | 1887–1950 | 1943–1950 | — | — | F. Roosevelt | death |
14 | Elmo Pearce Lee | LA | 1882–1949 | 1943–1949 | — | — | F. Roosevelt | death |
15 | Wayne G. Borah | LA | 1891–1966 | 1949–1956 | — | 1956–1966 | Truman | death |
16 | Robert Lee Russell | GA | 1900–1955 | 1949–1955 | — | — | Truman | death |
17 | Louie Willard Strum | FL | 1890–1954 | 1950–1954 | — | — | Truman | death |
18 | Richard Rives | AL | 1895–1982 | 1951–1966 | 1959–1960 | 1966–1981 | Truman | reassignment to 11th Cir. |
19 | Elbert Tuttle | GA | 1897–1996 | 1954–1968 | 1960–1967 | 1968–1981 | Eisenhower | reassignment to 11th Cir. |
20 | Benjamin Franklin Cameron | MS | 1890–1964 | 1955–1964 | — | — | Eisenhower | death |
21 | Warren Leroy Jones | FL | 1895–1993 | 1955–1966 | — | 1966–1981 | Eisenhower | reassignment to 11th Cir. |
22 | John Robert Brown | TX | 1909–1993 | 1955–1984 | 1967–1979 | 1984–1993 | Eisenhower | death |
23 | John Minor Wisdom | LA | 1905–1999 | 1957–1977 | — | 1977–1999 | Eisenhower | death |
24 | Griffin Bell | GA | 1918–2009 | 1961–1976 | — | — | Kennedy | resignation |
25 | Walter Pettus Gewin | AL | 1908–1981 | 1961–1976 | — | 1976–1981 | Kennedy | death |
26 | Homer Thornberry | TX | 1909–1995 | 1965–1978 | — | 1978–1995 | L. Johnson | death |
27 | James P. Coleman | MS | 1914–1991 | 1965–1981 | 1979–1981 | 1981–1984 | L. Johnson | retirement |
28 | Robert A. Ainsworth Jr. | LA | 1910–1981 | 1966–1981 | — | — | L. Johnson | death |
29 | John Cooper Godbold | AL | 1920–2009 | 1966–1981 | 1981 | — | L. Johnson | reassignment to 11th Cir. |
30 | Irving Loeb Goldberg | TX | 1906–1995 | 1966–1980 | — | 1980–1995 | L. Johnson | death |
31 | David W. Dyer | FL | 1910–1998 | 1966–1976 | — | 1976–1981 | L. Johnson | reassignment to 11th Cir. |
32 | John Milton Bryan Simpson | FL | 1903–1987 | 1966–1975 | — | 1975–1981 | L. Johnson | reassignment to 11th Cir. |
33 | Claude Feemster Clayton | MS | 1909–1969 | 1967–1969 | — | — | L. Johnson | death |
34 | Lewis Render Morgan | GA | 1913–2001 | 1968–1978 | — | 1978–1981 | L. Johnson | reassignment to 11th Cir. |
35 | G. Harrold Carswell | FL | 1919–1992 | 1969–1970 | — | — | Nixon | resignation |
36 | Charles Clark | MS | 1925–2011 | 1969–1992 | 1981–1992 | — | Nixon | retirement |
37 | Joe McDonald Ingraham | TX | 1903–1990 | 1969–1973 | — | 1973–1990 | Nixon | death |
38 | Paul Hitch Roney | FL | 1921–2006 | 1970–1981 | — | — | Nixon | reassignment to 11th Cir. |
39 | Thomas Gibbs Gee | TX | 1925–1994 | 1973–1991 | — | — | Nixon | retirement |
40 | Gerald Bard Tjoflat | FL | 1929–present | 1975–1981 | — | — | Ford | reassignment to 11th Cir. |
41 | James Clinkscales Hill | GA | 1924–2017 | 1976–1981 | — | — | Ford | reassignment to 11th Cir. |
42 | Peter T. Fay | FL | 1929–2021 | 1976–1981 | — | — | Ford | reassignment to 11th Cir. |
43 | Alvin Benjamin Rubin | LA | 1920–1991 | 1977–1989 | — | 1989–1991 | Carter | death |
44 | Robert Smith Vance | AL | 1931–1989 | 1977–1981 | — | — | Carter | reassignment to 11th Cir. |
45 | Phyllis A. Kravitch | GA | 1920–2017 | 1979–1981 | — | — | Carter | reassignment to 11th Cir. |
46 | Frank Minis Johnson | AL | 1918–1999 | 1979–1981 | — | — | Carter | reassignment to 11th Cir. |
47 | R. Lanier Anderson III | GA | 1936–present | 1979–1981 | — | — | Carter | reassignment to 11th Cir. |
48 | Reynaldo Guerra Garza | TX | 1915–2004 | 1979–1982 | — | 1982–2004 | Carter | death |
49 | Joseph W. Hatchett | FL | 1932–2021 | 1979–1981 | — | — | Carter | reassignment to 11th Cir. |
50 | Albert John Henderson | GA | 1920–1999 | 1979–1981 | — | — | Carter | reassignment to 11th Cir. |
52 | Henry Anthony Politz | LA | 1932–2002 | 1979–1999 | 1992–1999 | 1999–2002 | Carter | death |
53 | Thomas Morrow Reavley | TX | 1921–2020 | 1979–1990 | — | 1990–2020 | Carter | death |
54 | Samuel D. Johnson Jr. | TX | 1920–2002 | 1979–1991 | — | 1991–2002 | Carter | death |
55 | Albert Tate Jr. | LA | 1920–1986 | 1979–1986 | — | — | Carter | death |
56 | Thomas Alonzo Clark | FL | 1920–2005 | 1979–1981 | — | — | Carter | reassignment to 11th Cir. |
57 | Jerre Stockton Williams | TX | 1916–1993 | 1980–1990 | — | 1990–1993 | Carter | death |
58 | William Lockhart Garwood | TX | 1931–2011 | 1981–1997 | — | 1997–2011 | Reagan | death |
62 | Robert Madden Hill | TX | 1928–1987 | 1984–1987 | — | — | Reagan | death |
68 | Emilio M. Garza | TX | 1947–present | 1991–2012 | — | 2012–2015 | G.H.W. Bush | retirement |
69 | Harold R. DeMoss Jr. | TX | 1930–2020 | 1991–2007 | — | 2007–2015 | G.H.W. Bush | retirement |
70 | Fortunato Benavides | TX | 1947–2023 | 1994–2012 | — | 2012–2023 | Clinton | death |
72 | Robert Manley Parker | TX | 1937–2020 | 1994–2002 | — | — | Clinton | retirement |
75 | Edward C. Prado | TX | 1947–present | 2003–2018 | — | — | G.W. Bush | retirement |
76 | Charles W. Pickering | MS | 1937–present | 2004 | — | — | G.W. Bush | retirement |
83 | Gregg Costa | TX | 1972–present | 2014–2022 | — | — | Obama | resignation |
- Recess appointment, confirmed by the United States Senate at a later date.
- Recess appointment, never confirmed or rejected by the United States Senate.
Chief judges
Chief Judge | |||
---|---|---|---|
Hutcheson, Jr. | 1948–1959 | ||
Rives | 1959–1960 | ||
Tuttle | 1960–1967 | ||
Brown | 1967–1979 | ||
Coleman | 1979–1981 | ||
Godbold | 1981 | ||
C. Clark | 1981–1992 | ||
Politz | 1992–1999 | ||
C. King | 1999–2006 | ||
Jones | 2006–2012 | ||
Stewart | 2012–2019 | ||
Richman | 2019–2024 | ||
Elrod | 2024–present |
Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (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, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge.
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 initially filled. Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats.
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See also
- Courts of Louisiana
- Courts of Mississippi
- Courts of Texas
- Judicial appointment history for United States federal courts § Fifth Circuit
- List of current United States circuit judges
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.
- Scarcella, Mike "Conservative 5th Circuit judge takes helm at key US appeals court" Reuters, October 4, 2024. Retrieved October 6, 2024.
- Millhiser, Ian (December 27, 2022). "The Trumpiest court in America". Vox. Retrieved August 25, 2024.
- Vladeck, Stephen I. (2023-11-28). "Why the Fifth Circuit Keeps Making Such Outlandish Decisions". The Atlantic. Retrieved 2024-08-25.
- Klibanoff, Eleanor (2024-07-02). "Again and again, U.S. Supreme Court slaps down 5th Circuit". The Texas Tribune. Retrieved 2024-08-25.
- Schonfeld, Zach (2024-07-13). "Supreme Court pushes back on 5th Circuit's conservative breeding ground". The Hill. Retrieved 2024-08-25.
- Gerstein, Josh (June 21, 2024). "Clarence Thomas was snubbed in the Supreme Court's gun ruling. So were a few other people". Politico. Retrieved August 25, 2024.
- "Supreme Court preserves access to abortion pill". SCOTUSblog. 2024-06-13. Retrieved 2024-08-25.
- "Supreme Court upholds bar on guns under domestic-violence restraining orders". SCOTUSblog. 2024-06-21. Retrieved 2024-08-25.
- Feldman, Adam (December 11, 2023). "Supreme Court Eyeing Fifth Circuit, But Too Early to Decipher Why". Bloomberg Law. Retrieved August 25, 2024.
- 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.
- 28 U.S.C. § 45
- 62 Stat. 871, 72 Stat. 497, 96 Stat. 51
- Bass, Jack (1990). Unlikely Heroes. University of Alabama Press. ISBN 0-8173-0491-6.
External links

- United States Court of Appeals for the Fifth Circuit
- Recent Fifth Circuit opinions from FindLaw
- Criminal law opinions from the Fifth Circuit
- Business litigation opinions from the Fifth Circuit
Author: www.NiNa.Az
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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 TexasUnited States Court of Appeals for the Fifth Circuit 5th Cir LocationJohn Minor Wisdom U S Court of Appeals Building New Orleans Louisiana Appeals fromEastern District of LouisianaMiddle District of LouisianaWestern District of LouisianaNorthern District of MississippiSouthern District of MississippiEastern District of TexasNorthern District of TexasSouthern District of TexasWestern District of TexasEstablishedJune 16 1891Judges17Circuit JusticeSamuel AlitoChief JudgeJennifer Walker Elrodwww wbr ca5 wbr uscourts wbr gov The Fifth Circuit has 17 active judgeships and is headquartered 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 Originally the Fifth Circuit also included the federal district courts in Alabama Georgia and Florida In 1981 the district courts for those states were transferred to the newly created U S Court of Appeals for the Eleventh Circuit History of the courtThe 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 The Fifth Circuit Four Starting in the late 1950s judges Elbert Parr Tuttle chief judge 1960 67 John Minor Wisdom John R Brown chief judge 1967 79 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 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 and returned to normal operations in New Orleans in March 2007 citation needed 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 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 Some members of the Supreme Court including Chief Justice John Roberts have indicated concern with how the Fifth Circuit approaches cases Several court observers have interpreted the court as being exceptionally conservative in its rulings Current composition of the courtAs of October 4 2024 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 G W Bush 63 Circuit Judge Edith Jones Houston TX 1949 1985 present 2006 2012 Reagan 64 Circuit Judge Jerry Edwin Smith Houston TX 1946 1987 present Reagan 71 Circuit Judge Carl E Stewart Shreveport LA 1950 1994 present 2012 2019 Clinton 77 Circuit Judge Priscilla Richman Austin TX 1954 2005 present 2019 2024 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 84 Circuit Judge Don Willett Austin TX 1966 2018 present Trump 85 Circuit Judge James C Ho Dallas TX 1973 2018 present Trump 86 Circuit Judge Kyle Duncan Baton Rouge LA 1972 2018 present Trump 87 Circuit Judge Kurt D Engelhardt New Orleans LA 1960 2018 present Trump 88 Circuit Judge Andrew Oldham Austin TX 1978 2018 present Trump 89 Circuit Judge Cory T Wilson Jackson MS 1970 2020 present Trump 90 Circuit Judge Dana Douglas New Orleans LA 1975 2022 present Biden 91 Circuit Judge Irma Carrillo Ramirez Dallas TX 1964 2023 present Biden 51 Senior Circuit Judge Carolyn Dineen King Houston TX 1938 1979 2013 1999 2006 2013 present Carter 59 Senior Circuit Judge E Grady Jolly Jackson MS 1937 1982 2017 2017 present Reagan 60 Senior Circuit Judge Patrick Higginbotham San Antonio TX 1938 1982 2006 2006 present Reagan 61 Senior Circuit Judge W Eugene Davis New Orleans LA 1936 1983 2016 2016 present Reagan 65 Senior Circuit Judge John M Duhe Jr inactive 1933 1988 1999 1999 present Reagan 66 Senior Circuit Judge Jacques L Wiener Jr New Orleans LA 1934 1990 2010 2010 present G H W Bush 67 Senior Circuit Judge Rhesa Barksdale Jackson MS 1944 1990 2009 2009 present G H W Bush 73 Senior Circuit Judge James L Dennis New Orleans LA 1936 1995 2022 2022 present Clinton 74 Senior Circuit Judge Edith Brown Clement New Orleans LA 1948 2001 2018 2018 present G W BushList of former judges Judge State Born died Active service Chief Judge Senior status Appointed by Reason for termination 1 Don Albert Pardee LA 1837 1919 1891 1919 Garfield Operation of law death 2 Andrew Phelps McCormick TX 1832 1916 1892 1916 B Harrison death 3 David Davie Shelby AL 1847 1914 1899 1914 McKinley death 4 Richard Wilde Walker Jr AL 1857 1936 1914 1930 1930 1936 Wilson death 5 Robert Lynn Batts TX 1864 1935 1917 1919 Wilson resignation 6 Nathan Philemon Bryan FL 1872 1935 1920 1935 Wilson death 7 Alexander Campbell King GA 1856 1926 1920 1924 Wilson resignation 8 Rufus Edward Foster LA 1871 1942 1925 1942 Coolidge death 9 Samuel Hale Sibley GA 1873 1958 1931 1949 1949 1958 Hoover death 10 Joseph Chappell Hutcheson Jr TX 1879 1973 1931 1964 1948 1959 1964 1973 Hoover death 11 Edwin R Holmes MS 1878 1961 1936 1954 1954 1961 F Roosevelt death 12 Leon Clarence McCord AL 1878 1952 1938 1951 1951 1952 F Roosevelt death 13 Curtis L Waller FL 1887 1950 1943 1950 F Roosevelt death 14 Elmo Pearce Lee LA 1882 1949 1943 1949 F Roosevelt death 15 Wayne G Borah LA 1891 1966 1949 1956 1956 1966 Truman death 16 Robert Lee Russell GA 1900 1955 1949 1955 Truman death 17 Louie Willard Strum FL 1890 1954 1950 1954 Truman death 18 Richard Rives AL 1895 1982 1951 1966 1959 1960 1966 1981 Truman reassignment to 11th Cir 19 Elbert Tuttle GA 1897 1996 1954 1968 1960 1967 1968 1981 Eisenhower reassignment to 11th Cir 20 Benjamin Franklin Cameron MS 1890 1964 1955 1964 Eisenhower death 21 Warren Leroy Jones FL 1895 1993 1955 1966 1966 1981 Eisenhower reassignment to 11th Cir 22 John Robert Brown TX 1909 1993 1955 1984 1967 1979 1984 1993 Eisenhower death 23 John Minor Wisdom LA 1905 1999 1957 1977 1977 1999 Eisenhower death 24 Griffin Bell GA 1918 2009 1961 1976 Kennedy resignation 25 Walter Pettus Gewin AL 1908 1981 1961 1976 1976 1981 Kennedy death 26 Homer Thornberry TX 1909 1995 1965 1978 1978 1995 L Johnson death 27 James P Coleman MS 1914 1991 1965 1981 1979 1981 1981 1984 L Johnson retirement 28 Robert A Ainsworth Jr LA 1910 1981 1966 1981 L Johnson death 29 John Cooper Godbold AL 1920 2009 1966 1981 1981 L Johnson reassignment to 11th Cir 30 Irving Loeb Goldberg TX 1906 1995 1966 1980 1980 1995 L Johnson death 31 David W Dyer FL 1910 1998 1966 1976 1976 1981 L Johnson reassignment to 11th Cir 32 John Milton Bryan Simpson FL 1903 1987 1966 1975 1975 1981 L Johnson reassignment to 11th Cir 33 Claude Feemster Clayton MS 1909 1969 1967 1969 L Johnson death 34 Lewis Render Morgan GA 1913 2001 1968 1978 1978 1981 L Johnson reassignment to 11th Cir 35 G Harrold Carswell FL 1919 1992 1969 1970 Nixon resignation 36 Charles Clark MS 1925 2011 1969 1992 1981 1992 Nixon retirement 37 Joe McDonald Ingraham TX 1903 1990 1969 1973 1973 1990 Nixon death 38 Paul Hitch Roney FL 1921 2006 1970 1981 Nixon reassignment to 11th Cir 39 Thomas Gibbs Gee TX 1925 1994 1973 1991 Nixon retirement 40 Gerald Bard Tjoflat FL 1929 present 1975 1981 Ford reassignment to 11th Cir 41 James Clinkscales Hill GA 1924 2017 1976 1981 Ford reassignment to 11th Cir 42 Peter T Fay FL 1929 2021 1976 1981 Ford reassignment to 11th Cir 43 Alvin Benjamin Rubin LA 1920 1991 1977 1989 1989 1991 Carter death 44 Robert Smith Vance AL 1931 1989 1977 1981 Carter reassignment to 11th Cir 45 Phyllis A Kravitch GA 1920 2017 1979 1981 Carter reassignment to 11th Cir 46 Frank Minis Johnson AL 1918 1999 1979 1981 Carter reassignment to 11th Cir 47 R Lanier Anderson III GA 1936 present 1979 1981 Carter reassignment to 11th Cir 48 Reynaldo Guerra Garza TX 1915 2004 1979 1982 1982 2004 Carter death 49 Joseph W Hatchett FL 1932 2021 1979 1981 Carter reassignment to 11th Cir 50 Albert John Henderson GA 1920 1999 1979 1981 Carter reassignment to 11th Cir 52 Henry Anthony Politz LA 1932 2002 1979 1999 1992 1999 1999 2002 Carter death 53 Thomas Morrow Reavley TX 1921 2020 1979 1990 1990 2020 Carter death 54 Samuel D Johnson Jr TX 1920 2002 1979 1991 1991 2002 Carter death 55 Albert Tate Jr LA 1920 1986 1979 1986 Carter death 56 Thomas Alonzo Clark FL 1920 2005 1979 1981 Carter reassignment to 11th Cir 57 Jerre Stockton Williams TX 1916 1993 1980 1990 1990 1993 Carter death 58 William Lockhart Garwood TX 1931 2011 1981 1997 1997 2011 Reagan death 62 Robert Madden Hill TX 1928 1987 1984 1987 Reagan death 68 Emilio M Garza TX 1947 present 1991 2012 2012 2015 G H W Bush retirement 69 Harold R DeMoss Jr TX 1930 2020 1991 2007 2007 2015 G H W Bush retirement 70 Fortunato Benavides TX 1947 2023 1994 2012 2012 2023 Clinton death 72 Robert Manley Parker TX 1937 2020 1994 2002 Clinton retirement 75 Edward C Prado TX 1947 present 2003 2018 G W Bush retirement 76 Charles W Pickering MS 1937 present 2004 G W Bush retirement 83 Gregg Costa TX 1972 present 2014 2022 Obama resignation Recess appointment confirmed by the United States Senate at a later date Recess appointment never confirmed or rejected by the United States Senate Chief judgesChief Judge Hutcheson Jr 1948 1959 Rives 1959 1960 Tuttle 1960 1967 Brown 1967 1979 Coleman 1979 1981 Godbold 1981 C Clark 1981 1992 Politz 1992 1999 C King 1999 2006 Jones 2006 2012 Stewart 2012 2019 Richman 2019 2024 Elrod 2024 present Chief judges have administrative responsibilities with respect to their circuits and preside over any panel on which they serve unless the circuit justice 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 with seniority determined first by commission date then by age The chief judge serves for a term of seven years or until age 70 whichever occurs first If no judge qualifies to be chief the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies If no judge has served on the court for more than a year the most senior judge shall act as chief Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge 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 seatsThe 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 initially filled Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats thus allowing the U S President to appoint new judges to fill their seats Seat 1 Established on December 10 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Fifth Circuit Reassigned on June 16 1891 to the newly formed 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 Jr 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 2017 Wilson MS 2020 present Seat 3 Established on January 25 1899 by 30 Stat 803 Shelby AL 1899 1914 Walker Jr AL 1914 1930 Sibley GA 1931 1949 Russell GA 1949 1955 Brown TX 1955 1984 R Hill TX 1984 1987 Wiener Jr LA 1990 2010 Higginson LA 2011 present Seat 4 Established on June 10 1930 by 46 Stat 538 Hutcheson Jr 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 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 9 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 10 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 Jr TX 1991 2007 Haynes TX 2008 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 Ainsworth Jr LA 1966 1981 Davis LA 1983 2016 Duncan LA 2018 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 2022 Douglas LA 2022 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 2022 Ramirez TX 2023 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 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 18 Established on October 20 1978 by 92 Stat 1629 Anderson III GA 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 C King TX 1979 2013 Ho TX 2018 present Seat 20 Established on October 20 1978 by 92 Stat 1629 Politz LA 1979 1999 Pickering MS 2004 Southwick MS 2007 present Seat 21 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 22 Established on October 20 1978 by 92 Stat 1629 Reavley TX 1979 1990 E Garza TX 1991 2012 Willett TX 2018 present Seat 23 Established on October 20 1978 by 92 Stat 1629 Tate Jr LA 1979 1986 Duhe Jr LA 1988 1999 Clement LA 2001 2018 Engelhardt LA 2018 present Seat 24 Established on October 20 1978 by 92 Stat 1629 S Johnson Jr TX 1979 1991 Parker TX 1994 2002 Prado TX 2003 2018 Oldham TX 2018 present Seat 25 Established on October 20 1978 by 92 Stat 1629 T Clark FL 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 Richman 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 presentSee alsoCourts of Louisiana Courts of Mississippi Courts of Texas Judicial appointment history for United States federal courts Fifth Circuit List of current United States circuit judgesReferences 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 Scarcella Mike Conservative 5th Circuit judge takes helm at key US appeals court Reuters October 4 2024 Retrieved October 6 2024 Millhiser Ian December 27 2022 The Trumpiest court in America Vox Retrieved August 25 2024 Vladeck Stephen I 2023 11 28 Why the Fifth Circuit Keeps Making Such Outlandish Decisions The Atlantic Retrieved 2024 08 25 Klibanoff Eleanor 2024 07 02 Again and again U S Supreme Court slaps down 5th Circuit The Texas Tribune Retrieved 2024 08 25 Schonfeld Zach 2024 07 13 Supreme Court pushes back on 5th Circuit s conservative breeding ground The Hill Retrieved 2024 08 25 Gerstein Josh June 21 2024 Clarence Thomas was snubbed in the Supreme Court s gun ruling So were a few other people Politico Retrieved August 25 2024 Supreme Court preserves access to abortion pill SCOTUSblog 2024 06 13 Retrieved 2024 08 25 Supreme Court upholds bar on guns under domestic violence restraining orders SCOTUSblog 2024 06 21 Retrieved 2024 08 25 Feldman Adam December 11 2023 Supreme Court Eyeing Fifth Circuit But Too Early to Decipher Why Bloomberg Law Retrieved August 25 2024 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 28 U S C 45 62 Stat 871 72 Stat 497 96 Stat 51 Bass Jack 1990 Unlikely Heroes University of Alabama Press ISBN 0 8173 0491 6 External linksWikisource has original works on the topic United States Court of Appeals for the Fifth Circuit United States Court of Appeals for the Fifth Circuit Recent Fifth Circuit opinions from FindLaw Criminal law opinions from the Fifth Circuit Business litigation opinions from the Fifth Circuit