The Supreme Court this term will review eight 5th Circuit decisions. It has sided with the Biden administration over the lower court twice in the past week.
The U.S. Court of Appeals for the 5th Circuit covers just three states: Texas, Louisiana and Mississippi. But it is having an outsize influence on the cases and controversies that reach the U.S. Supreme Court and testing the boundaries of the conservative legal movement’s ascendancy.
The 5th Circuit’s work is drawing more Supreme Court review than that of any other among the dozen regional appeals courts, which operate one step below the high court in distinct geographical regions. In the new term that began this month, the justices already have said they will review eight decisions from the New Orleans-based court. Twice in the past week, the Supreme Court agreed with emergency requests from the Biden administration to block 5th Circuit directives.
“What you see coming from the 5th Circuit are some huge decisions on important issues that are surprising enough and deal with big-enough issues that they wind up at the U.S. Supreme Court,” Grove said, adding, “I joke to my students that the 5th Circuit’s role sometimes is to make the Supreme Court look so much more moderate.”
What court observers find notable about the recent 5th Circuit cases is that they are being criticized by a Supreme Court that itself has moved to the right. Many of the 5th Circuit cases to reach the Supreme Court follow a similar path. A conservative district court judge issues a sweeping opinion in response to a lawsuit filed by Republican state attorneys general or a conservative legal organization. That opinion is partially narrowed by the 5th Circuitto be used in the first 10 weeks of a pregnancy. But its future remains uncertain. Here’s how we got here.
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