A statue symbolizing “The Authority of Law” stands outside the U.S. Supreme Court in Washington. REUTERS/Evelyn Hockstein
In a decisive moment, three conservative judges from the New Orleans-based 5th U.S. Circuit Court of Appeals deemed the funding of the Consumer Financial Protection Bureau unconstitutional. However, the U.S. Supreme Court overturned this on May 16, with a 7-2 decision led by Justice Clarence Thomas, preserving the agency’s existence.
This is one of several notable cases the Supreme Court is reviewing this term, which started in October and concludes this month. The Supreme Court, holding a 6-3 conservative majority, has yet to deliver judgments on other major 5th Circuit cases, including those concerning abortion pills and gun rights.
“The importance of these cases is highlighted by their delay,” noted Adam Feldman, a legal analyst. “With polarizing rulings from the 5th Circuit, there’s intense deliberation among the Supreme Court justices, signaling a battle for middle ground.”
Decisions from the 5th Circuit, known for its conservative stance, have increasingly landed on the Supreme Court’s docket. This term, the Court has reviewed ten cases from the 5th Circuit, surpassing only the 9th Circuit.
Conservative litigants often bring cases to the 5th Circuit, seeing it as a favorable venue. This court has notably challenged federal regulations and statutes, such as the ban on gun possession for individuals with domestic violence restraining orders. Legal expert Adam Unikowsky described the 5th Circuit’s actions as both “bold litigation” and “bold decisions.”
Some Supreme Court justices have expressed skepticism about the 5th Circuit’s rulings, especially in contentious cases like those involving domestic violence and gun laws, abortion pill access, and free speech claims against the Biden administration’s social media policies. Conversely, the conservative justices have shown support for 5th Circuit decisions challenging SEC adjudications and federal bans on bump stocks.
In emergency cases, the Supreme Court has blocked several 5th Circuit decisions, including sales of ghost gun kits and state-placed border fencing.
Legal analysts suggest that the Supreme Court’s selective reversals indicate it will not simply endorse the 5th Circuit’s decisions. Chief Justice John Roberts appears committed to maintaining the Court’s impartial image, avoiding predictable conservative rulings.
A recent poll showed 74% of Republican voters view the Supreme Court favorably, compared to 21% of Democrats. Feldman believes Roberts aims to build diverse judicial coalitions, potentially tempering some of the 5th Circuit’s more extreme rulings.
