Saturday, May 11, 2024

President Biden's Impact on the Fifth Circuit Federal Judiciary

 The Fifth Circuit has a reputation as a very conservative circuit.  Encompassing Texas, Mississippi and Louisiana, the region wasn't always conservative, nor is it uniformly conservative today; however, President Trump was able to appoint some very conservative judges, members of the Federalist Society.  Arguably, the most conservative activist Jurist in the country is Judge Mark Kasmaryk seated in Northern Texas. 

By the middle of the third year of the Biden administration open seats in four of the Districts: Eastern Louisiana, Western Louisiana, Southern Texas and Western Texas had reached the point that the work of the Districts was under stress.  It was at this time that the Senators from Texas and Louisiana came to agree on three candidates each.  It did not fill the entirety of open seats, but the confirmation of these judges (all men), did release some of the pressure.  

Additionally, in the second year of the Biden Administration a candidate was nominated with the initial blessing of the two Senators from Mississippi for an open seat in the Northern District of Mississippi.  After the fact, Senator Cindy Hyde-Smith discovered that the nominee believed that Trans people were human beings who deserved all the same rights and protections afforded by the Constitution that she had, and she rescinded her blue card killing the nomination.

The majority of changes represented in the charts is due to attrition and open seats.  It speaks to the fact that Conservatives understand if you don't move, you move backward.








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