| Court Type: | circuit |
| Court Name: | United States Court of Appeals for the Fifth Circuit |
| Abbreviation: | 5th Cir. |
| Seal: | Seal of the United States Court of Appeals for the Fifth Circuit.svg |
| Seal Size: | 150 |
| Map Image Name: | File:5th Circuit map.svg |
| Courthouse: | John Minor Wisdom U.S. Court of Appeals Building |
| Location: | New Orleans, Louisiana |
| Appeals From: | Eastern District of Louisiana |
| Appeals From1: | Middle District of Louisiana |
| Appeals From2: | Western District of Louisiana |
| Appeals From3: | Northern District of Mississippi |
| Appeals From4: | Southern District of Mississippi |
| Appeals From5: | Eastern District of Texas |
| Appeals From6: | Northern District of Texas |
| Appeals From7: | Southern District of Texas |
| Appeals From8: | Western District of Texas |
| Established: | June 16, 1891 |
| Judges Assigned: | 17 |
| Circuit Justice: | Samuel Alito |
| Chief: | Jennifer Walker Elrod |
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:
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.[1]
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.
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.
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.[2]
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.
During his administration, President Donald Trump appointed six judges to the court, with many observers thereafter regarding it as the most conservative court of appeals.[3] [4] [5] 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%.[6] [7] Several members of the Supreme Court, including Chief Justice John Roberts, have indicated concern with how the Fifth Circuit approaches cases.[8] [9] [10] Several court observers have interpreted the court as being exceptionally conservative in its rulings.[11]