The United States Court of Appeals for the 5th Circuit in New Orleans has become a significant player in legal opposition to the Biden administration. Its conservative leanings intensified by the arrival of six judges selected by former President Donald Trump. These judges, many of whom have worked for Republican politicians in Texas, are young, ambitious, and outspoken and have used their positions to challenge the Biden administration’s legal authority and the power of federal agencies. Some veteran conservatives have criticized them on the court for their extreme views and departure from precedent.
These judges have been using their colloquial writing styles to draw attention to themselves and their opinions, often calling out “cancel culture” and “wokeness.” For example, Judge James C. Ho wrote an article proposing a boycott of Yale Law School students as law clerks, citing concerns about free speech at elite institutions.
The 5th Circuit has outsized influence due to its large geographic area, covering Texas, Mississippi, and Louisiana, and its position as the first point of review for cases brought against the Biden administration by conservative state attorneys general. This makes it an ideal venue for “judge shopping” by conservatives who want to challenge the Biden administration, knowing they will likely receive a favorable review.
Given the recent conservative appointments to the court, it is no surprise that it is issuing noteworthy rulings in politically charged cases. The 5th Circuit is seen as the most conservative federal court in the country, and with the Supreme Court reversing some but not all of its decisions, there is little to lose for those filing lawsuits in this venue.
The 5th Circuit’s dominance by Trump’s appointees makes it an attractive venue for conservative organizations and individuals seeking to challenge the Biden administration. However, this dominance has also exposed rifts among the judges and prompted some to criticize the newcomers for going too far. The 5th Circuit’s recent actions are a testament to the lasting legacy of Donald Trump on the federal courts and a warning to the Biden administration about the hurdles it may face in implementing its policies.
In conclusion, the 5th Circuit’s recent actions illustrate the significant impact that presidential appointments can have on the federal court system and the potential for lasting effects on American law and politics. With the 5th Circuit’s conservative judges acting as a dominant voice in opposition to the Biden administration, the court will likely continue to make headlines in the coming months and years.
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Trump’s lasting legacy on the judiciary is not just at the Supreme Court