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October 27, 2005


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How is the Fifth Circuit viewed? As a relatively conservative court, relatively liberal, or somewhere in between? Does it handle a public law caseload comparable in magnitude to what Miers would have faced had she been confirmed for the Supreme Court?


No intermediate appellate court's docket looks exactly like the Supreme Court's docket. But, like any federal appellate court other than the federal circuit, the 5th Circuit considers a number of criminal procedure cases, statutory interpretation cases, substantive due process cases, contract disuputes, and the like. It's my understanding that the 5th Circuit's docket is somewhat more heavily weighted toward oil & gas and admiralty cases than most other circuits. One can expect that in the coming years it will address a lot of legal issues created by Hurricane Katrina. Someone who was a terrific judge on the 5th Circuit would probably be a fine Supreme Court justice.

Dale Gribble

I come from 8th Circuit land, but 5th seems to trend right. only 3 states in 5th: Texas, La, Miss. Wish it had a little more user-friendly website.

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