Is the 5th Circuit Really Too Conservative for the Supreme Court?
The only honest way to assess performance in the Supreme Court is to divide the number of Supreme Court reversals by the number of appeals the circuit decided the previous year. On that metric, the Fifth Circuit was reversed only one time for every 1,000 appeals.
August 15, 2024 at 12:00 PM
4 minute read
The original version of this story was published on National Law Journal
One of the major narratives that has arisen from the U.S. Supreme Court's most recent term is how out of step the U.S. Court of Appeals for the Fifth Circuit is. The Fifth Circuit is based in New Orleans and hears appeals from Texas, Louisiana and Mississippi before they go to the U.S. Supreme Court. The judges on the Fifth Circuit have mostly been appointed by Republican presidents—over a third of them by former President Donald Trump alone, and commentators have been saying for months that the court is too conservative even for the U.S. Supreme Court. USA Today recently ran a story titled "How the most right-wing appeals court was reined in by the Supreme Court this term."
This is quite a change from the usual narrative that follows Supreme Court terms. For most of my career, the narrative has been how the Supreme Court had to "rein in" the liberal Ninth Circuit based in San Francisco.
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSupreme Court May Limit Federal Prosecutions Over 'Misleading' but True Statements
Supreme Indifference? Justices Unfazed By TikTok’s Time Crunch
Supreme Court Denies Oil Giants' Appeal to End State Climate Suits
Supreme Court Appears to Lean Toward Letting TikTok Ban Take Effect
Trending Stories
- 1In-House Lawyers Are Focused on Employment and Cybersecurity Disputes, But Looking Out for Conflict Over AI
- 2A Simple 'Trial Lawyer' Goes to the Supreme Court
- 3Clifford Chance Adds Skadden Rainmaker in London
- 4Latham, Kirkland and Paul Weiss Climb UK M&A Rankings
- 5Goodwin Hires Quinn Emanuel Partner to Launch Office in Brussels
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250