Stephen Higginson
2011 - Present
13
Stephen Higginson is a federal judge on the United States Court of Appeals for the 5th Circuit. He joined the court in 2011 after a nomination from President Barack Obama. Prior to joining the court, Higginson served as an assistant U.S. attorney in both Massachusetts and in Louisiana.[1]
Early life and education
A native of Boston, Massachusetts, Higginson received his undergraduate degree from Harvard College in 1983, his master's in philosophy from the University of Cambridge in 1984, and his J.D. from Yale Law School in 1987.[2]
Professional career
- 2004-2011: Associate professor, Loyola University New Orleans College of Law
- 1993-2011: Assistant U.S. attorney, Eastern District of Louisiana
- 1989-1993: Assistant U.S. attorney, District of Massachusetts
- 1988-1989: Law clerk, Hon. Byron White, Supreme Court of the United States
- 1987-1988: Law clerk, Hon. Patricia Wald, United States Court of Appeals for the District of Columbia Circuit[1]
Judicial career
Fifth Circuit Court of Appeals
 |
| Nominee Information |
| Name: Stephen Higginson |
| Court: United States Court of Appeals for the 5th Circuit |
| Progress |
| Confirmed 175 days after nomination. |
 Nominated: May 9, 2011
|
| ABA Rating: Unanimously Well Qualified
|
| Questionnaire: Questionnaire |
| Hearing: June 8, 2011
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| Hearing Transcript: Hearing Transcript |
| QFRs: (Hover over QFRs to read more) |
| Reported: July 14, 2011
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| Confirmed: October 31, 2011
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| Vote: 88-0
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On May 9, 2011, President Obama nominated Higginson to serve on the United States Court of Appeals for the 5th Circuit to fill the seat vacated by Judge Jacques Wiener.[3] President Obama commented on the nomination, stating, "Stephen Higginson is a distinguished candidate for the Court of Appeals for the Fifth Circuit. Both his legal and academic credentials are impressive and his commitment to judicial integrity is unwavering. I am confident he will serve the American people with distinction."[4] Higginson was rated Unanimously Well Qualified by the American Bar Association for the nomination.[5] Hearings on Higginson's nomination were held before the United States Senate Committee on the Judiciary on June 8, 2011, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on July 14, 2011. Higginson was confirmed on a recorded 88-0 vote of the U.S. Senate on October 31, 2011, and he received his commission on November 2, 2011.[1][6]
Noteworthy cases
Big Tyme Investments, LLC v. Edwards & 910 E Main, LLC v. Edwards (2021)
Big Tyme Investments, LLC v. Edwards & 910 E Main, LLC v. Edwards: On January 13, 2020, the U.S. Court of Appeals for the Fifth Circuit upheld Governor John Bel Edwards' (D) authority to order COVID-19-related bar closures and alcohol restrictions. The Fifth Circuit affirmed the decisions of two lower courts, dismissing arguments that Edwards’ order violated the Equal Protection Clause of the Fourteenth Amendment. The case was heard by Circuit Judges James Dennis, a Bill Clinton (D) appointee; Stephen Higginson, a Barack Obama (D) appointee; and Don Willett, Donald Trump (R) appointee. Higginson authored the opinion, and Willett filed a separate concurrence. In response to the decision, Edwards said, "None of the decisions I have made for the past 10 months have been easy, especially when it comes to limiting businesses, and I am pleased that another court has upheld what I have always said: that these orders are completely constitutional, legal and necessary to protect public health." At the time of the ruling, the plaintiffs did not indicate whether they would appeal the decision.[7][8][9]
Corporate speech through campaign finance upheld by Fifth Circuit (2013)
On October 16, 2013, Judge Jerry Smith, writing on behalf of a three-judge panel of the Fifth Circuit which included Judges James Dennis and Higginson, affirmed a ruling made by the United States District Court for the Western District of Texas as to corporations' ability to fund political speech. In the underlying case, Texans for Free Enterprise (TFE), a political action committee that uses its donated funds to support or oppose political candidates, filed suit against the Texas Ethics Commission because portions of the Texas Election Code prohibited the PAC from receiving money from corporations. TFE sought an enforcement injunction, and the federal trial court granted a preliminary one in the political action group's favor. The Ethics Commission appealed the suit to the Fifth Circuit, where the lower court's ruling was affirmed. Judge Smith ruled that in light of the Supreme Court's decision in Citizens United, the parts of the Texas Election Code that banned corporate funding of political speech were an unconstitutional abridgement of free speech. Judge Smith concluded his decision by succinctly noting that while "TFE’s ability to speak is undoubtedly limited when it cannot raise money to pay for speech," injunctions of this kind, those which seek to protect the First Amendment, "are always in the public interest."[10]
See also
External links
- Judge Higginson's biography from the Federal Judicial Center
- Times-Picayune, "Senate confirms Stephen Higginson for seat on 5th Circuit U.S. Court of Appeals," October 31, 2011
Footnotes
- ↑ 1.0 1.1 1.2 Federal Judicial Center, "Biographical directory of federal judges," accessed September 10, 2016
- ↑ Times-Picayune, "Stephen Higginson nominated to New Orleans-based federal appeals court," May 5, 2011
- ↑ The White House, "Presidential Nominations Sent to the Senate," May 9, 2011
- ↑ The White House, "President Obama Announces Intent to Nominate Stephen Higginson to Serve on United States Court of Appeals," May 5, 2011
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 112th Congress," accessed September 10, 2016
- ↑ United States Congress, "PN 511 — Stephen A. Higginson — The Judiciary," accessed September 10, 2016
- ↑ United States Court of Appeals for the Fifth Circuit, "Big Tyme Investments, LLC v. Edwards & 910 E Main, LLC v. Edwards: Order," January 13, 2021
- ↑ Office of the Governor of Louisiana, "Another Federal Court Sides with Gov. Edwards, Denying Appeal by Bar Owners to Overturn COVID Mitigation Measures," January 13, 2021
- ↑ Houma Today, "Louisiana bar owners, including some from Houma, lose appeal to open during COVID restrictions," January 14, 2021
- ↑ Texas Lawyer Blog, "5th Circuit upholds corporate free speech in First Amendment challenge," October 18, 2013
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United States Court of Appeals for the 5th Circuit 2011-Present |
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