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Kurt Engelhardt

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Kurt Engelhardt
Image of Kurt Engelhardt
United States Court of Appeals for the 5th Circuit
Tenure

2018 - Present

Years in position

7

Prior offices
United States District Court for the Eastern District of Louisiana

Education

Bachelor's

Louisiana State University, 1982

Law

Louisiana State University, Paul M. Hebert Law Center, 1985

Personal
Birthplace
New Orleans, La.


Kurt D. Engelhardt is a judge on the United States Court of Appeals for the 5th Circuit. He was nominated to the court by President Donald Trump (R) on October 5, 2017, and confirmed by the U.S. Senate on May 9, 2018, by a vote of 62-34. To see a full list of judges appointed by Donald Trump, click here.

Engelhardt was previously the chief judge of the United States District Court for the Eastern District of Louisiana. He served as chief judge from 2015 to 2018. He joined the court in 2001 after being nominated by President George W. Bush (R).[1]

The United States Court of Appeals for the 5th Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. The United States District Court for the Eastern District of Louisiana is one of 94 U.S. district courts. They are the general trial courts of the United States federal courts. To learn more about the courts, click here.

Judicial nominations and appointments

United States Court of Appeals for the 5th Circuit (2018-present)

Engelhardt was nominated to the United States Court of Appeals for the 5th Circuit by President Donald Trump (R) on October 5, 2017. The U.S. Senate confirmed Engelhardt on May 9, 2018, by a vote of 62-34.[2] He received commission on May 10, 2018.[1] To read more about the federal nomination process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Kurt D. Engelhardt
Court: United States Court of Appeals for the 5th Circuit
Progress
Confirmed 216 days after nomination.
ApprovedANominated: October 5, 2017
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire:
ApprovedAHearing: January 10, 2018
QFRs: (Hover over QFRs to read more)
ApprovedAReported: February 8, 2018 
ApprovedAConfirmed: May 9, 2018
ApprovedAVote: 62-34


Confirmation vote

The U.S. Senate confirmed Engelhardt on May 9, 2018, on a vote of 62-34.[3] To see a full breakdown of the vote, click here.

Kurt Engelhardt confirmation vote (May 9, 2018)
Party Yea Nay No vote
Electiondot.png Democratic 12 33 2
Ends.png Republican 49 0 2
Grey.png Independent 1 1 0
Total 62 34 4

Senate Judiciary Committee hearing

Engelhardt had his hearing before the Senate Judiciary Committee on January 10, 2018. The committee voted to advance Engelhardt's nomination to the full Senate on February 8, 2018.[2]

Nomination

Engelhardt was nominated to replace Judge Edith Clement, who retired on May 14, 2018.[4]

The American Bar Association unanimously rated Engelhardt well qualified for the position.[5] To read more about ABA ratings, click here.

U.S. District Court for the Eastern District of Louisiana (2001-2018)

See also: Federal judges nominated by George W. Bush

Engelhardt was first nominated on August 2, 2001, by President George W. Bush (R) to a seat on the United States District Court for the Eastern District of Louisiana. Engelhardt was confirmed on a voice vote of the U.S. Senate on December 11, 2001, and he received his commission on December 13, 2001.[1] To read more about the federal nomination process, click here.

Engelhardt served as the district court's chief judge from 2015 to 2018.

Confirmation vote

The U.S. Senate confirmed Engelhardt on December 11, 2001, by voice vote.[6]

Senate Judiciary Committee hearing

Hearings on Engelhardt's nomination were held before the Senate Judiciary Committee on October 25, 2001, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on November 29, 2001.[6]

Nomination

Engelhardt was first nominated on August 2, 2001, by President George W. Bush (R). Under provisions of Rule XXXI, paragraph six of the standing rules of the Senate, Engelhardt's nomination was returned to the president on August 3, 2001. The president resubmitted the nomination on September 4, 2001.[6][7]

Engelhardt was nominated to replace Judge Morey Sear, who assumed senior status on October 31, 2000.

The American Bar Association unanimously rated Engelhardt qualified for the nomination.[8] To read more about ABA ratings, click here.

Early life and education

A native of New Orleans, Louisiana, Engelhardt graduated from Louisiana State University with his bachelor's degree in 1982 and from Louisiana State University's Paul M. Herbert Law Center with his J.D. in 1985.[1]

Professional career

Noteworthy cases

Federal courts grapple with DACA (2022)

See also: Deferred Action for Childhood Arrivals rule (2022)

A three-judge panel of the United States Court of Appeals for the Fifth Circuit on October 5, 2022, upheld a district court decision that found the Deferred Action for Childhood Arrivals (DACA) program, which allows certain individuals brought to the United States without legal permission as minors to continue living and working in the country, to be unlawful. The judges remanded the case to the district court for further review in light of the Biden administration’s recent effort to codify DACA through the rulemaking process.[9]

A coalition of states in 2018 filed suit in Texas v. United States, arguing in part that the Obama administration unlawfully created DACA through a memo, rather than a rule. Judge Andrew Hanen of the United States District Court for the Southern District of Texas in July 2021 ruled in favor of the states and instituted a pause on new DACA applicants.[9]

Fifth Circuit Judges Priscilla Richman, James C. Ho, and Kurt Engelhardt upheld the district court ruling but directed the court to reevaluate its holding in light of the Biden administration’s recent effort to codify DACA through the administrative rulemaking process, arguing that the “district court is in the best position to review the administrative record in the rulemaking proceeding.” The final rule, effective October 31, aims to “preserve and fortify” the program, according to U.S. Department of Homeland Security (DHS) Secretary Alejandro Mayorkas.[9][10]

Danziger Bridge convictions overturned after prosecutorial misconduct uncovered (2013)

See also: United States District Court for the Eastern District of Louisiana (U.S. v. Bowen, at al, 2:10-cr-00204-KDE-SS)

On September 17, 2013, Judge Engelhardt granted a motion for a new trial filed by five former New Orleans police officers convicted in the Danziger Bridge shootings in the wake of Hurricane Katrina. In the underlying case, four of the officers were accused of firing upon a group of civilians on the bridge, killing two and injuring others, while a fifth officer was accused of covering up what happened on the bridge during his investigation of the incident. The group of officers was convicted in 2011, but requested a new trial following an online commenting scandal involving the U.S. Attorney's Office in New Orleans. Three federal prosecutors were implicated, including former Assistant U.S. Attorneys Sal Perricone and Jan Mann, as well as Karla Dobinski, an attorney in the Justice Department's Civil Rights Division. The three posted "inflammatory invectives, accusatory screeds, and vitriolic condemnations" about the defendants in the Danziger Bridge case on NOLA.com while legal proceedings were still ongoing, including calls for a guilty verdict. In his 129-page opinion, Engelhardt overturned the police officers' convictions, citing prosecutorial misconduct. Engelhardt also criticized the prosecutors' online discussion of the case. Engelhardt concluded his discussion of the case by noting that "[r]e-trying this case is a very small price to pay in order to protect the validity of the verdict in this case, the institutional integrity of the Court, and the criminal justice system as a whole." The Fifth Circuit Court of Appeals affirmed Judge Engelhardt's order on appeal.[11][12][13]

BP executive's obstruction of Congress case (2013)

See also: United States District Court for the Eastern District of Louisiana (United States v. David Rainey, US 12CR291)

Judge Engelhardt presided over a case against a former BP executive charged with concealing information from Congress about the amount of oil leaking from the Deepwater Horizon well into the Gulf of Mexico in 2010. In May of 2013, Engelhardt dismissed the obstruction of Congress charge against Rainey, who was BP’s vice president of exploration for the Gulf at the time of the oil spill. The judge stated that he dismissed the count because the indictment failed to allege that Rainey knew about the pending congressional investigation he was charged with obstructing and because it wasn’t clear that such a charge applied to subcommittee investigations.[14]

About the court

5th Circuit Court of Appeals

Fifth Circuit
Court of Appeals
US-CourtOfAppeals-5thCircuit-Seal.png
Judgeships
Posts: 17
Judges: 17
Vacancies: 0
Judges
Chief: Jennifer Elrod
Active judges:
Dana Douglas, Stuart Kyle Duncan, Jennifer Elrod, Kurt Engelhardt, James Graves, Catharina Haynes, Stephen Higginson, James C. Ho, Edith Jones, Andrew Oldham, Irma Ramirez, Priscilla Richman, Jerry Smith, Leslie Southwick, Carl Stewart, Don Willett, Cory Wilson

Senior judges:
Rhesa Barksdale, Fortunato Benavides, Edith Clement, W. Eugene Davis, James Dennis, John Duhe, Patrick Higginbotham, E. Grady Jolly, Carolyn King, Jacques Wiener


The United States Court of Appeals for the Fifth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States. Appeals are heard in the John Minor Wisdom U.S. Courthouse in New Orleans, Louisiana.


The Fifth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Fifth Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Samuel Alito is the circuit justice for the Fifth Circuit.

The United States Court of Appeals for the 5th Circuit has appellate jurisdiction over the district courts in the following districts:

To read opinions published by this court, click here.

Eastern District of Louisiana

Eastern District of Louisiana
Fifth Circuit
LA-ED.gif
Judgeships
Posts: 12
Judges: 9
Vacancies: 3
Judges
Chief: Wendy Vitter
Active judges:
Barry W. Ashe, Nannette Jolivette Brown, Greg Guidry, Brandon Long, Susie Morgan, Darrel Papillion, Jane Triche-Milazzo, Wendy Vitter, Jay Zainey

Senior judges:
Lance Africk, Carl Barbier, Eldon Fallon, Ivan Lemelle, Mary Ann Lemmon, Sarah Vance


The United States District Court for the Eastern District of Louisiana is a federal trial court based in New Orleans. It is one of 94 United States district courts. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Fifth Circuit, based in New Orleans, at the John Minor Wisdom Federal Courthouse.

The Eastern District of Louisiana has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law. Like all U.S. district courts, the court has original jurisdiction over civil actions arising under the Constitution, laws, and treaties of the United States;[15] certain civil actions between citizens of different states;[16] civil actions within the admiralty or maritime jurisdiction of the United States;[17] criminal prosecutions brought by the United States; and many other types of cases and controversies.[18] It also has appellate jurisdiction over a very limited class of judgments, orders, and decrees.[19]

The geographic jurisdiction of the Eastern District of Louisiana consists of all the following parishes in the eastern part of the state of Louisiana.[20]

To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

  • The president nominates an individual for a judicial seat.
  • The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
  • The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
  • As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
  • After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
  • If approved, the nominee is voted on by the full Senate.
  • If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
  • The Senate holds a vote on the candidate.
  • If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
  • If the Senate does not confirm the nomination, that nominee does not become a judge.


See also

External links


Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 Federal Judicial Center, "Biography of Judge Kurt D. Engelhardt," accessed September 29, 2017
  2. 2.0 2.1 Congress.gov, "PN1411 — Kurt D. Engelhardt — The Judiciary," accessed May 11, 2018
  3. Gov Track, "On the Nomination PN1411: Kurt D. Engelhardt, of Louisiana, to be United States Circuit Judge for the Fifth Circuit," accessed April 22, 2020
  4. Federal Judicial Center, "Clement, Edith Brown," accessed April 22, 2020
  5. American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed April 22, 2020
  6. 6.0 6.1 6.2 United States Congress, "PN 914 — Kurt D. Engelhardt — The Judiciary," accessed September 29, 2017
  7. United States Congress, "PN 741 — Kurt D. Engelhardt — The Judiciary," accessed September 29, 2017
  8. American Bar Association, "Ratings of Article III judicial nominees, 107th Congress," accessed September 29, 2017
  9. 9.0 9.1 9.2 United States Court of Appeals for the FIfth Circuit, "Texas v. United States," October 5, 2022
  10. U.S. Department of Homeland Security, "DHS Issues Regulation to Preserve and Fortify DACA," August 24, 2022
  11. Times Picayune, "Judge grants new trial for ex-New Orleans police officers convicted in notorious Danziger Bridge slayings after Hurricane Katrina," September 17, 2013
  12. Main Justice, "Judge Blasts 'Grotesque Prosecutorial Misconduct' in Tossing Danziger Bridge Case," September 17, 2013
  13. Gant Daily, "Plenty of Misconduct, 129 Pages of One Judge’s Disbelief," September 20, 2013
  14. The Times-Picayune, "Former BP executive's obstruction charge thrown out by judge," May 20, 2013
  15. Legal Information Institute, 28 U.S.C. § 1331
  16. Legal Information Institute, 28 U.S.C. § 1332
  17. Legal Information Institute, 28 U.S.C. § 1333
  18. Legal Information Institute, Title 28, United States Code, Chapter 85
  19. Under Legal Information Institute, 28 U.S.C. § 158(a)(1), for example, the U.S. district courts are authorized to hear appeals from final judgments, orders, and decrees of U.S. bankruptcy judges.
  20. Cornell Law School, 28 U.S.C. § 98(a)

Political offices
Preceded by
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United States Court of Appeals for the 5th Circuit
2018-Present
Succeeded by
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Preceded by
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United States District Court for the Eastern District of Louisiana
2001-2018
Succeeded by
-