5th Circuit Court of Appeals: The Fifth Circuit is one of the most important appellate courts in the United States, deciding cases that have profound consequences for Americans. The Fifth Circuit encompasses states with populations of 37 million or more, and almost three-quarters of its judges were appointed by Republican presidents.
Not only that, but judges on the Fifth Circuit don’t look like the people they’re supposed to serve. Fewer than twenty percent of the court’s judges are non-white, and fewer than half are women.
Ho’s opinion in Daves v Dallas County | 5th Circuit Court of Appeals
The United States Court of Appeals for the Fifth Circuit recently issued an en banc opinion in Daves v. Dallas County, a case on bail reform. In the case, the court reversed a primary ruling from ODonnell v. Harris County, which held that county court judges are subject to lawsuits when determining bail sets and schedules. However, Harris County settled and the trial court entered a consent decree.
The plaintiffs, in this case, could not afford the prescribed cash bail in Dallas County, Texas. Hence, the plaintiffs sued Dallas County in the U.S. District Court for the Northern District of Texas. The district court granted the plaintiffs a preliminary injunction. After a briefing process, the plaintiffs successfully filed suit in federal court. The district court affirmed the preliminary injunction.
In the case, plaintiffs had sought to use ODonnell to expand their litigation beyond Texas. This decision appears to have knocked that foundation out of their feet. In addition to addressing the plaintiffs’ legal theories, Ho’s opinion also addresses the plaintiffs’ interpretation of 42 U.S.C. SS1983/. Thus, plaintiffs’ attorneys are likely downplaying the importance of Daves v. Dallas County, but plaintiffs’ attorneys should not be complacent.
This case highlights the importance of fair pretrial detention. Many poor people in Texas are locked up each year due to a lack of means to pay bail. They lose jobs, homes, and children.
Additionally, defendants who cannot afford bail are often denied individualized hearings. Because they cannot afford the bail, they often plead guilty in order to get out of jail. This is the wrong approach. It is not a fair system and violates basic constitutional rights.
Judge Boom’s appointment | 5th Circuit Court of Appeals
There are currently six vacancies on the Fifth Circuit, which is composed of seventeen judges. These vacancies are equal to the number of authorized judgeships on the court. Judges are appointed to the appellate court to hear a variety of appeals, including evidentiary trials, preliminary injunctions, and hearings on temporary restraining orders. Judge Boom’s appointment will be effective July 1, 2021.
The Fifth Circuit court of appeals’ caseload statistics is available to the public for the first time. Data compiled by the SCOTUS blog include decisions from the U.S. Supreme Court, state courts, and cases from the original jurisdiction. Caseload statistics are updated annually and date back to 2010.
The 5th Circuit Court of Appeals has the lowest percentage of judges of the color of any court in the United States. Eighty-one percent of the judges are white, and there are only two African-American judges among the eighty-one active circuit judges. One Hispanic judge sits on the 5th Circuit’s bench, but she is the only Latina. The other four circuit judges are white.
A recent CAP report looked at the demographic diversity of judges in U.S. District Courts of Appeals. While the report did not look at the numbers for active judges, it was based on data from judges of senior status. Active judges are those who are active and working full-time.
The authors of the report broke down the data by race and ethnicity and emphasized the significant underrepresentation of women of color and people of color. The case of Klocke v. Watson dealt with a Texas citizenship participation act (TCPA) issue and a Title IX violation.
The case involved the denial of graduation to Thomas and other Title IX violations. The Fifth Circuit ruled in favor of Mr. Watson. The case provides a precedent for the application of the TCPA in federal diversity cases. It also provides guidance for federal judges when deciding on diversity-related issues.
In MidCap Media, LLC members were not identified as citizens of the state in which they operated. Although the corporation was organized under Texas law, its principal place of business was in Texas. Therefore, it is difficult to prove the citizenship of LLC members, and the Fifth Circuit ruled that an LLC’s membership in a state in which the majority of the defendants reside does not meet the definition of a citizen of the country.
A broader definition of diversity in the court should be made public so that it becomes a matter of public policy. The Biden administration has made numerous calls for senators to recommend diverse judges. However, the Biden administration has not yet chosen any of these judges.
In states where two Democratic senators and two Republican senators sit, the administration has moved quickly to name nominees. A conservative professor of law named Trent Lott, a former federal prosecutor, voted against the nomination of Mr. Heytens.