The United States Supreme Court has repeatedly rebuffed decisions from the 5th U.S. Circuit Court of Appeals, known for its conservative rulings.
According to The Hill, the Supreme Court overturned or vacated eight of the eleven appeals from the 5th Circuit this term, challenging its conservative judgments.
The high court's actions included unanimous and nearly unanimous decisions that countered the 5th Circuit's stance on various cases. The 5th Circuit has become a legal battleground for challenges against the Biden administration’s policies.
Some of the Supreme Court's notable reversals include dismissing an abortion pill lawsuit and upholding the federal gun possession ban for domestic abusers, with Justice Brett Kavanaugh highlighting the need to avoid “sweeping doctrinal change.”
Justice Amy Coney Barrett criticized the 5th Circuit for relying on what she called "clearly erroneous" factual findings. Chief Justice John Roberts added that an error caused the panel to overturn “a straw man.”
Among the overturned cases was the 5th Circuit’s challenge to the Consumer Financial Protection Bureau, which was dismissed by seven justices. Former President Donald Trump’s appointing six judges to the 5th Circuit has contributed to its conservative leanings.
President Joe Biden has since appointed two judges to the 5th Circuit, which comprises a total of 12 active judges appointed by Republican presidents out of 17.
The Biden administration frequently appeals unfavorable 5th Circuit decisions to the Supreme Court, oftentimes finding success. The Supreme Court's conservative majority has sided with the administration in several major cases.
One unanimous reversal struck down the 5th Circuit’s decision on the abortion pill mifepristone, ruling the plaintiffs lacked standing. The Supreme Court also refuted the 5th Circuit’s finding that the Biden administration coerced social media firms into removing false information.
The Supreme Court did affirm some 5th Circuit rulings, such as the rejection of the Trump-era bump stock ban and the SEC's in-house enforcement system. Justices overturned an 8-justice ruling against a federal provision prohibiting gun possession by those under domestic violence restraining orders.
U.S. Circuit Judge Kurt Engelhardt indicated that the 5th Circuit must now consider several Second Amendment challenges anew, following directives from the recent decisions.
The Supreme Court also directed the 5th Circuit to re-evaluate its ruling on Texas's social media content moderation law, offering extensive guidance to prevent future mistakes.
Justice Brett Kavanaugh warned that allowing almost every citizen to challenge any governmental action could lead the federal judiciary down an "uncharted path." Justice Elena Kagan suggested the 5th Circuit's volume of litigation could result in significant errors. The Supreme Court has reversed many conservative rulings by the 5th Circuit, though some decisions were upheld. This judicial tug-of-war highlights the dynamic and often contentious relationship within the American legal system, influenced by presidential appointments.
