The U.S. Court of Appeals for the 5th Circuit has been identified as a standout among the nation's federal appeals courts, with its judges issuing broad, politically influenced rulings that promote conservative policy positions. This observation comes from a recent analysis by the Center for American Progress (CAP).
According to the CAP study, the court—dominated by right-wing extremists to an extent unprecedented in modern history—has made sweeping decisions that have reversed years of progress. The court has overturned decades of precedent in cases involving abortion rights, gun laws, voting rights, labor unions, separation of church and state, and affirmative action. These actions have all been taken in ways that further right-wing political priorities and ideology.
The 5th Circuit is accused of using ungrounded legal theories, unprecedented procedural maneuvers, and unchecked politicization to facilitate a judicial power grab. The report suggests that the court's judges are essentially implementing their own policy preferences, thereby usurping power from elected officials and American voters.
Although the 5th Circuit only serves three states—Texas, Louisiana, and Mississippi—it has handled some of the most politically contentious cases heard by the U.S. Supreme Court this term. These include disputes over abortion, guns, immigration, and federal power.
"Instead of taking up these cases to correct the circuit court’s unruly behavior, the Supreme Court has often affirmed or partially affirmed some of the 5th Circuit’s most egregious decisions, steadily moving American jurisprudence far to the right," stated Jeevna Sheth, senior policy analyst for Courts and Legal Policy at CAP and co-author of the analysis.
The CAP analysis proposes that Congress could curb some of the 5th Circuit's extreme conduct by passing legislation limiting judge-shopping abuse in the legal system and restricting a single district judge's ability to issue an order for nationwide injunctive relief.
