United States Court of Appeals for the Fifth Circuit

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 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.

In the 2020s, the Fifth Circuit has sometimes been described as the most reversed federal courts of appeals. However, because different circuits have different numbers of cases, the percentage of reversals, which is somewhat higher than average, does not necessarily mean that the Fifth Circuit always has the largest raw number of cases reversed or the highest percentage.

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 , 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

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. During this era, the role of the Fifth Circuit in civil rights caused the court to be nicknamed the "Supreme Court of Dixie".

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. The court has tended towards a permissive view of standing and a legal philosophy of originalism. Appeals from the Fifth Circuit "have made up a disproportionate number of cases heard by the Supreme Court".

Current composition of the court :

Vacancies and pending nominations Seat Prior judge's duty station Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination 23 New Orleans, LA Kurt D. Engelhardt Senior status TBD Anna St. John July 14, 2026 20 Austin, TX Leslie H. Southwick G. Todd Butler

List of former judges

Chief judges

Succession of seats

See also Courts of Louisiana Courts of Mississippi Courts of Texas

List of current United States circuit judges

Notes

References

United States Court of Appeals for the Fifth Circuit

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