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
United States Supreme CourtOne 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."
NOT FOR REPRINT
© 2024 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 AllUnder Suspension in California, Eastman Continues Supreme Court Practice
8 minute readTrump Picks Personal Criminal Defense Lawyers for Solicitor General, Deputy Attorney General
Lingering Questions at Supreme Court About Climate Change Litigation Need Resolution
6 minute readJustices Ask If They Should Have Even Taken Nvidia’s Appeal of Investor Suit
Trending Stories
- 1Decision of the Day: School District's Probe Was a 'Sham'; Title IX Administrator Showed Sex-Based Bias
- 2US Magistrate Judge Embry Kidd Confirmed to 11th Circuit
- 3Shaq Signs $11 Million Settlement to Resolve Astrals Investor Claims
- 4McCormick Consolidates Two Tesla Chancery Cases
- 5Amazon, SpaceX Press Constitutional Challenges to NLRB at 5th Circuit
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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