Supreme Court Frequently Clashes with 5th Circuit Appeals Court over Conservative Rulings

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ICARO Media Group
Politics
07/04/2024 18h43

In recent years, the 5th US Circuit Court of Appeals has emerged as a key source of legal disputes that make their way to the Supreme Court. As the most conservative appeals court overseeing federal appeals from Texas, Louisiana, and Mississippi, the 5th Circuit has issued sweeping rulings on hot-button issues that have often been appealed to the Supreme Court. Many of these disputes have played out on the so-called shadow docket, involving emergency applications that the high court must decide on a quick timeline.

Both the 5th Circuit and the Supreme Court lean heavily to the right, with former President Donald Trump appointing conservative judges to both courts. However, the Supreme Court has repeatedly shot down rulings from the 5th Circuit more often than any other federal appeals court. The court has put a hold on 5th Circuit rulings that sought to block federal gun restrictions, interfere with federal immigration activities, and limit the Biden administration's contact with social media companies.

In the most recent shadow docket case originating from the 5th Circuit, the Supreme Court allowed a controversial Texas immigration law to take effect, but two conservative justices urged the 5th Circuit to conduct a fuller review of the law. Soon after, the appeals court paused the law's enforcement. Even when the Supreme Court has reviewed cases from the 5th Circuit on their merits, the justices have shown skepticism and issued emergency orders that reversed or partially reversed the decisions made by the appeals court.

Legal experts have pointed out that Texas has become a breeding ground for high-profile, politically charged cases, often brought against the Biden administration by Texas Attorney General Ken Paxton and other like-minded state attorneys general. The 5th Circuit frequently becomes involved in these cases due to their geographical jurisdiction. Additionally, the rise of Trump-appointed judges on the 5th Circuit has further fueled Supreme Court reviews of its rulings. Trump appointed six of the currently active judges on the 5th Circuit, along with numerous appointees sitting in the district courts within the circuit's jurisdiction.

Critics argue that right-wing groups and plaintiffs strategically steer their cases to the 5th Circuit, seeking a sympathetic panel of judges and a potential chance to be heard by the majority-conservative Supreme Court. The tension between the 5th Circuit's bold rulings and the Supreme Court's deliberative approach is most evident on the shadow docket, where the justices have a limited timeframe to decide whether to pause lower court rulings.

Efforts are being made within the federal judiciary to address the imbalances caused by single-judge divisions in Texas. The judiciary's policy-making body has issued recommendations to adopt case assignment systems that would prevent litigants from funneling cases with national consequences to specific judges. However, the US District Court of the Northern District of Texas, where the abortion pill case originated, has stated that it will not make changes to its case assignment protocols.

As the conservative-leaning Supreme Court continues to clash with the 5th Circuit over far-right rulings, the stakes are high for major cases awaiting the court's decision. These cases involve issues such as gun laws, immigration, social media regulations, and the reach of the federal government's administrative authority. The Supreme Court's ongoing scrutiny of the 5th Circuit highlights the ideological divide within the judiciary and showcases Texas as a battleground for culture wars and contentious legal battles.

However, it remains to be seen how the Supreme Court will continue to respond to the 5th Circuit's rulings, given the evolving dynamics of the court and the ongoing controversies surrounding significant cases originating from this conservative-leaning appeals court.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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