Why do so many Unpopular Court Cases come form the 5th Circuit?
The 5th Circuit, which hears appeals from Texas, Louisiana and Mississippi, had three rulings upheld by the U.S. Supreme Court, and eight overturned, more than any other court this term. The conservative circuit court saw its rulings on abortion medication, gun control, administrative power and social media moderation all rejected by the Supreme Court.
A series of recent rulings by the 5th U.S. Circuit Court of Appeals have negatively impacted voter rights in Louisiana, Mississippi, and Texas. Over the past nine months, the court has made seven significant decisions that undermine democracy, including the establishment of an unelected court in Jackson, Mississippi, and delays in implementing fair voting maps.
With a majority of judges appointed by Republican presidents, the 5th Circuit has been characterized as a "right-wing activist court," pushing an extreme agenda on issues ranging from voting rights to reproductive rights. Recent decisions include obstructing fair district maps and reconsidering protections under the Voting Rights Act (VRA).
In Louisiana, the court granted a last-minute request to delay a hearing on a congressional map designed to enhance Black voter representation, despite a previous ruling affirming the need for such a map. Similarly, in Galveston County, Texas, the court has sought to overturn established precedents that protect minority voting coalitions.
Despite some recent pro-democracy rulings, such as striking down a Jim Crow-era disenfranchisement law in Mississippi, these victories have been short-lived, with the court quickly agreeing to rehear the cases, often leading to a reversal of favorable decisions.
There is a clear need for more pro-democracy judicial appointments to counter the 5th Circuit's current trajectory, along with suggested reforms to increase accountability and protect voting rights. The ongoing challenges highlight the significant impact of judicial composition on electoral processes and minority representation.