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Decisions originating from the notably conservative US Court of Appeals for the Fifth Circuit have faced significant setbacks in the US Supreme Court. This trend is evident in a recent ruling that reinstated President Joe Biden’s immigration enforcement policies, among other cases. Out of the eight rulings from the Fifth Circuit reviewed by the Supreme Court this term, only two have been upheld, with one more decision pending on a potential landmark case concerning Biden’s student loan forgiveness plan.
This unexpected track record reveals the interplay between conservative courts and raises questions about the Fifth Circuit’s stance on restraining aggressive litigation pursued by Texas and other litigants. Observers suggest that the court’s failure to push back against such litigants contributes to its unfavorable outcomes in the Supreme Court. The Fifth Circuit covers Texas, Louisiana, and Mississippi and has become a focal point for challenges to various Biden administration policies, spanning areas such as abortion access, LGBTQ rights, and immigration. Frequently, these cases are initiated by the state of Texas or a group of Republican state attorneys general.
Critics argue that Republican attorneys general strategically select district courts within the Fifth Circuit, where they are likely to encounter sympathetic judges. They view these initial steps as crucial in securing favorable outcomes in both the Fifth Circuit and ultimately the Supreme Court. However, the results this term at the high court indicate that victory is far from guaranteed.
One possible explanation for this trend is that certain members of the Supreme Court’s conservative wing, including Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett, exhibit a more moderate approach compared to the Fifth Circuit. Former President Donald Trump’s six appointments to the New Orleans-based court further shifted its ideological balance to the right.
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A recent example of the Supreme Court pushing back against the Fifth Circuit is seen in the case of US v. Texas. In an 8-1 ruling, the justices rejected Texas and Louisiana’s attempt to sue the Biden administration over deportation priorities with which the states disagreed. Justice Kavanaugh, writing for the majority, characterized the states’ lawsuit as “highly unusual” and emphasized that the federal judiciary cannot effectively dictate immigration policy enforcement actions.
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Another notable case, Haaland v. Brackeen, saw the Supreme Court ruling 7-2 against Texas. The court found that Texas lacked authority or standing to assert broad equal protection claims against a Native American adoption law from the 1970s. In the majority opinion, Justice Barrett rejected Texas’s arguments, deeming them “creative” and asserting that the law did not force the state to violate its commitment to colorblindness in child-custody proceedings.
While it is not uncommon for an appeals court to have a challenging term, legal experts highlight the significance of the cases that have been reversed. Five out of the six reversed rulings from the Fifth Circuit this term are considered ideologically charged. This indicates that the Fifth Circuit is facing reversals in cases where such outcomes would typically be unexpected.
It is worth noting that Texas as a party has also experienced setbacks in the Supreme Court. Texas Attorney General Ken Paxton, known for aggressively challenging the Biden administration, has obtained victories in the Fifth Circuit but has faced losses in the Supreme Court, even in cases where the decisions were not closely divided. This trend raises questions about whether Texas will heed the lessons taught by the Supreme Court and adopt a more cautious approach in its litigation strategies.
One remaining case pending before the Supreme Court involves the Biden administration’s attempts to cancel student loan debt. Similar to the high-profile cases of US v. Texas and Haaland v. Brackeen, this case centers on the question of who possesses the legal standing to challenge federal law and policy.
The Fifth Circuit secured a victory when the Supreme Court unanimously recognized the authority of trial courts to hear “fundamental, even existential” challenges to federal agencies in Securities and Exchange Commission v. Cochran. Notably, the opinion was authored by Justice Elena Kagan, known for her more liberal stance on the court.
So far this term, the Fifth Circuit has achieved only two victories, with one relating to a labor case and the other involving challenges to federal agencies. However, dissents from Republican-appointed justices in these cases further emphasize the complexity and diversity of opinions within the courts.
The conservative Fifth Circuit has faced setbacks at the US Supreme Court, leading to several of its rulings overturning. The dynamics between these courts and their ideological differences have contributed to the unexpected outcomes. The cases in question, ranging from immigration enforcement to equal protection claims, have shed light on the complex interplay between conservative circuit courts and the nation’s highest court.
