On Point with Meghna Chakrabarti The legacy of the 5th Circuit: Past and present
Sep 23, 2025
Brian Fitzpatrick, a law professor at Vanderbilt and former clerk for Justice Antonin Scalia, dives deep into the evolving legacy of the Fifth Circuit Court. He discusses its historical significance, particularly during the civil rights era, and examines how judicial appointments have molded its current conservative stance. Fitzpatrick critiques the accusations of extremism leveled against the court and explores the intricacies of forum shopping and nationwide injunctions. He also highlights key upcoming cases, offering a glimpse into the court's future impact.
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Fifth Circuit's Civil Rights Legacy
- The old Fifth Circuit was a civil-rights leader because it heard many Deep South cases after Brown v. Board of Education.
- Judges like John Minor Wisdom enforced desegregation despite violent backlash and personal danger.
James Meredith And Judge Wisdom
- John Minor Wisdom helped secure James Meredith's admission to the University of Mississippi and the court held Governor Ross Barnett in contempt.
- Meredith became the first Black student to attend the public university and graduated in 1963.
Geography Plus Judges Shape Rulings
- Geographic caseload and the judges themselves combined to produce the Fifth Circuit's civil-rights rulings.
- Judicial selection shifted from patronage to ideological selection starting with Nixon and perfected under Reagan.