Fifth Circuit Federal Courts 2023

 

Within the pantheon of Federal Circuit Courts, there are two circuits that stand out. The Fifth and the Ninth.  The Fifth is considered to be the most Conservative (think, Republican) and the Ninth is the bastion of all things liberal (a.k.a Democratic).  Of course, these considerations, while not entirely devoid of truth are nonetheless limited and like so many things political, incomplete.

The Fifth District is comprised of three states divided into 9 Districts.  The coverage is wildly disparate.  Like so many other districts.  My favorite example is the comparison between Louisiana and Maryland.  Both states have comparable populations.  Maryland is a single District, while Louisiana is divided into three Districts.  Maryland has a total of 10 Judicial Seats, and Louisiana has a combined total of 22 Judicial Seats!--over twice as many.  

The question that this brings to my mind is inevitability.  The old "If you Build It, they will come."  What produced the crazy disparity between the two states?  Is it a result of historical patterns combined with a need to justify the work force?  A work force whose purpose as justice also creates and supports another industry.  I am speaking of the criminal prison industry in the form of Federal Penitentiaries, in this instance.  There is so much more that can and must be explored in this.  The numbers reveal a pattern based on an historical bias with a clear fiduciary consequence.

The Obama Administration was able to find compromise candidates with Republican Senators in this District.  To date, the Senators from Mississippi have also made nice.  It remains an open question whether or not those from Texas and Louisiana can.  My money would be on those from Louisiana.

The Disproportionate ratio between men and women by appointment is not a result of the greater percentage of Republican or Democratic appointees.   In fact, more of the women currently serving as judges were appointed by Republican Presidents.

The racial/ethnic composition of the Fifth District is tenuously White at 44%.  The percentage of white judges reflects the old paradigm of colonial overlords at 69%!  Black judges are at 13% and should be 16% or three more judges.  Hispanic Judges are 14% and should be 36% or 22 more judges.  Asian judges are the closest to being in parity, but one more judge would satisfy the equity factor.  The one judge who claims Native American Heritage fulfills the percentage of Native Americans in the Fifth District.