Here is the rundown on the 3 judges deciding this case.

Two female judges appointed by Republicans with ties to the Federalist Society voted to vacate the ruling.

The African-American Chief Justice was in dissent. He was nominated by Clinton and raised to Chief by Obama.

The 5th circuit is considered very conservative.

Another circuit court just upheld the lower court.

Fifth Circuit

3-16-2018

Thom Hartmann

Before STEWART, Chief Judge, and JONES and CLEMENT, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Other Nominations/Recess Appointments:

Nominated to U.S. Court of Appeals for the Fifth Circuit, September 17, 1984; no Senate vote

Judge, U.S. Court of Appeals for the Fifth Circuit

Nominated by Ronald Reagan on February 27, 1985, to a new seat authorized by 98 Stat. 333. Confirmed by the Senate on April 3, 1985, and received commission on April 4, 1985. Served as chief judge, 2006-2012.

Federalist Society, Contributor

she gave the Eighth Annual Barbara K. Olson Memorial Lecture on Limited Government

and the Spirit of Freedom

Federalist Society: SELECTED STUDENT CHAPTERS SPEAKERS

Wikipedia: Legal philosophy

In her opinions, she has questioned the legal reasoning which legalized abortion, advocated streamlining death penalty cases, invalidated a federal ban on possession of machine guns and advocated toughening bankruptcy laws. In 2006, Chief Judge Jones found that a death row inmate who had filed a pro se motion to drop his appeal while his attorney was abroad, could not later reinstate his appeal.[7]

CARL E. STEWART, Chief Judge, dissenting:

Judge, U.S. Court of Appeals for the Fifth Circuit

Nominated by William J. Clinton on January 27, 1994, to a new seat authorized by 104 Stat. 5089. Confirmed by the Senate on May 6, 1994, and received commission on May 9, 1994. Served as chief judge, 2012-present. (Obama)

He quietly admits that he continues to experience racial profiling, even today.

But in the eyes of many, those experiences make Stewart the perfect person to preside over the 5th U.S. Circuit Court of Appeals—one of the most controversial, rancorous, dysfunctional, staunchly conservative and important appellate courts in the country.

http://www.abajournal.com/magazine/article/meet_the_chief_judge_of_the_nations_most_divisive_controversial

Edith Brown Clement

Judge, U.S. District Court for the Eastern District of Louisiana

Nominated by George H.W. Bush on October 1, 1991

Nominated by George W. Bush on September 4, 2001,

Other Nominations/Recess Appointments:

Nominated to U.S. Court of Appeals for the Fifth Circuit, May 9, 2001; no Senate vote

She is a 1972 graduate of Tulane Law School, and an active member of the Federalist Society.

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The Thom Hartmann Program - Aug 30th 2018

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