Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is an intermediate federal appellate court based in New Orleans, Louisiana. It hears appeals from federal district courts in Texas, Louisiana and Mississippi. Sometimes it will hold oral argument in Houston, Texas.
In 1981, the circuit split in two, with Alabama, Florida and Georgia, which had formerly been part of the Fifth Circuit's jurisdiction, being split away to form the new Eleventh Circuit.
As of 2021, the Fifth Circuit had a 12-5 GOP-Dem split among active judges, including 6 Trump-appointed judges, thereby making it the most conservative federal appellate court in the Nation. Among senior judges (who do not join en banc sittings unless they were on the panel), this Court has an even stronger 7-2 GOP-Dem majority.
By random assignment, occasionally a Dem-appointed majority presides over any particular case. If the case is significant enough, then it subsequently be reheard and decided by the full court ("en banc").
Chances of Success on Appeal
From the Fifth Circuit Practitioner Guide (May 2025):
| “ | For the 12-month period that ended on June 30, 2024, and in rounded numbers, this court reversed only about 7.1% of the 3,117 cases decided on the merits. About 2.0% of criminal appeals, 15.2% of non-prisoner “U.S. Civil Cases” (where the United States was a party), and about 17.2% of non-prisoner “Private Civil” (where the United States was not a party) cases resulted in reversal. If you are interested in further statistical information, we post our annual statistical report[1] on our website.[2] | ” |
