One of the major narratives arising from the U.S. Supreme Court’s most recent term is the assertion that the U.S. Court of Appeals for the Fifth Circuit is increasingly conservative, even by the Supreme Court’s standards. The Fifth Circuit, which covers Texas, Louisiana, and Mississippi, is notably comprised of judges predominantly appointed by Republican presidents, with more than a third appointed by former President Donald Trump. According to an analysis, this has led some commentators to argue that the circuit has veered too far to the right, necessitating intervention by the Supreme Court to rein it in. An article in USA Today highlighted this dynamic over the past term.
Interestingly, this scenario represents a shift from the more familiar narrative of the Supreme Court curbing the decisions of the liberal Ninth Circuit based in San Francisco. However, a closer examination suggests that performance metrics may tell a different story. When measured by the frequency of Supreme Court reversals relative to the number of appeals decided the previous year, the Fifth Circuit evidenced a reversal rate of only one per 1,000 appeals, indicating a level of judicial consistency that contrasts with the broader conservative characterization.
For a more comprehensive understanding of this evolving legal landscape, refer to the full article discussing whether the Fifth Circuit is indeed too conservative for the Supreme Court to address.