Texas immigration ruling puts spotlight on nation’s most conservative federal appeals court
NEW ORLEANS (AP) — A federal appeals court based in New Orleans has become a prime destination for conservatives pursuing legal strategies to bolster gun rights, stop abortion or — as was the case Wednesday — block immigration.
The 5th U.S. Circuit Court of Appeals, one of 13 federal appellate courts around the nation, has 17 full-time judges. Twelve were appointed by Republican presidents, including six by former President Donald Trump.
Wednesday’s arguments centered around an on-again-off-again effort to let local authorities in Texas arrest migrants suspected of illegally crossing the border. But that’s just the latest immigration case to come before the 5th Circuit — and just the latest in a series of hot-button issues.
The court hears appeals of rulings from federal district courts in Texas, Louisiana and Mississippi. Conservative opposition to Democratic President Joe Biden’s policies often follows a well-worn path that starts in federal district courts in Texas and western Louisiana, where Republican-appointed judges dominate. Win or lose, appeals of such cases go to the reliably conservative 5th Circuit.
The tactic that critics deride as “judge shopping” has led to a disputed new federal court policy for allotting cases. But it’s hardly novel: During Trump’s presidency, blue states often took their gripes to the 9th Circuit in San Francisco, which is known for its liberal bent. Democratic-led states and immigrant advocacy groups won big decisions there, including against Trump’s border wall and a policy that would have denied asylum to people who travel though another country without seeking protection there.
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