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Priscilla Richman

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Priscilla Richman
Image of Priscilla Richman

Nonpartisan

United States Court of Appeals for the 5th Circuit
Tenure

2005 - Present

Years in position

19

Education

Bachelor's

Baylor University, 1975

Law

Baylor University School of Law, 1977

Personal
Birthplace
Palacios, Texas


Priscilla Richman is the chief judge of the United States Court of Appeals for the 5th Circuit. She joined the court in 2005 after being nominated by President George W. Bush (R). Owen became chief judge on October 1, 2019.[1]

Early life and education

Born in Palacios, Texas, Richman graduated from Baylor University with her bachelor's degree in 1975 and from the Baylor University School of Law with her J.D. in 1977.[2]

Professional Career

Judicial career

Fifth Circuit Court of Appeals

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Priscilla Richman Owen
Court: United States Court of Appeals for the 5th Circuit
Progress
Confirmed 1477 days after nomination.
ApprovedANominated: May 9, 2001
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire:
ApprovedAHearing: July 23, 2002
March 13, 2003
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
Renom. QFRs: Renom. QFRs
ApprovedAReported: April 21, 2005 March 27, 2003
ApprovedAConfirmed: May 25, 2005
ApprovedAVote: 55-43
DefeatedAReturned: August 3, 2001

Richman was first nominated to the United States Court of Appeals for the 5th Circuit by President George W. Bush (R) on May 9, 2001, to a seat vacated by William Garwood. The American Bar Association rated Richman Unanimously Well Qualified throughout her nomination process.[3][4][5] Under Rule XXXI, paragraph six of the standing rules of the Senate, Richman's nomination was first returned to the president on August 3, 2001. President Bush resubmitted Richman's nomination on September 4, 2001. Hearings on Richman's nomination were first held on July 23, 2002, but the committee failed to adopt motions either to report favorably, report without recommendation, or report unfavorably, on September 5, 2002. Under Rule XXXI, paragraph six of the standing rules of the Senate, Richman's nomination was returned to the president on November 20, 2002. President Bush resubmitted the nomination on January 7, 2003. Hearings on Richman's nomination were held before the Senate Judiciary Committee on March 13, 2003, and her nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on March 27, 2003. After four cloture motions, Richman's nomination was returned to the president under Rule XXXI, paragraph six of the standing rules of the Senate at the sine die adjournment of the Senate on December 8, 2004. President Bush resubmitted Richman's nomination on February 14, 2005, and her nomination was reported, without hearings, by U.S. Sen. Arlen Specter (R-Pa.) on April 21, 2005. After cloture was invoked on May 24, 2005, Richman was confirmed on a recorded 55-43 vote of the U.S. Senate on May 25, 2005, and she received her commission on June 3, 2005.[2][6][7][8][9]

Richman became chief judge of the 5th Circuit on October 1, 2019.[1]

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.[10]

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.[10]

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.[10][11]

Clipper Estates case (2009)
See also: United States Court of Appeals for the 5th Circuit (Joffroin v. Tufaro, 606 F. 3d 235)

Judge Martin Feldman of the United States District Court for the Eastern District of Louisiana dismissed a lawsuit filed by fifty people who live in Clipper Estates in suburban New Orleans under allegations of violations of the Racketeering Influenced and Corrupt Organizations (RICO) Act. The residents sued on allegations that the owner of Clipper Estates - also the President of the New Orleans Home Builders Association - used money he assessed against them after Hurricane Katrina for personal purposes instead of improving the subdivision as he promised. Feldman dismissed the lawsuit claiming the plaintiffs had no standing under RICO.[12]
The case was appealed to the United States Court of Appeals for the 5th Circuit, where judges Thomas Reavley, Edward Prado, and Priscilla Richman affirmed Feldman's decision. It was determined that the plaintiffs in the case did not have standing after applying the three-part test from Whalen v. Carter, 954 F.2d 1087, 1093 (5th Cir.1992).[13]

See also

External links


Footnotes

  1. ↑ 1.0 1.1 American Press, "New chief judge for US appeals court in New Orleans," September 30, 2019
  2. ↑ 2.0 2.1 2.2 Federal Judicial Center, "Biographical directory of federal judges," accessed September 12, 2016
  3. ↑ American Bar Association, "Ratings of Article III judicial nominees, 107th Congress," accessed September 12, 2016
  4. ↑ American Bar Association, "Ratings of Article III judicial nominees, 108th Congress," accessed September 12, 2016
  5. ↑ American Bar Association, "Ratings of Article III judicial nominees, 109th Congress," accessed September 12, 2016
  6. ↑ United States Congress, "PN 397 — Priscilla Richman Owen — The Judiciary," accessed September 12, 2016
  7. ↑ United States Congress, "PN 883 — Priscilla Richman Owen — The Judiciary," accessed September 12, 2016
  8. ↑ United States Congress, "PN 11 — Priscilla Richman Owen — The Judiciary," accessed September 12, 2016
  9. ↑ United States Congress, "PN 194 — Priscilla Richman Owen — The Judiciary," accessed September 12, 2016
  10. ↑ 10.0 10.1 10.2 United States Court of Appeals for the FIfth Circuit, "Texas v. United States," October 5, 2022
  11. ↑ U.S. Department of Homeland Security, "DHS Issues Regulation to Preserve and Fortify DACA," August 24, 2022
  12. ↑ "NOLA.com" Clipper Estates lawsuit dismissed by federal judge, September 14, 2009
  13. ↑ "Joffroin v. Tufaro, 606 F. 3d 235 - Court of Appeals, 5th Circuit 2010," May 11, 2010

Political offices
Preceded by
- 		United States Court of Appeals for the 5th Circuit
2005-Present		 Succeeded by
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