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Fifth Circuit’s SCOTUS Report Card: 3-8 This Term

July 1, 2025 Alexa Shrake & Jason Curriden

Conservative judges and lawyers for many years pointed to the U.S. Court of Appeals for the Ninth Circuit as being out of touch liberals whose rulings were frequently overturned by a U.S. Supreme Court with justices named Ruth Bader Ginsburg, David Souter, Sandra Day O’Connor and Anthony Kennedy. 

But Texas Lawbook research shows that, for the second year in a row, the judges on the U.S. Court of Appeals for the Fifth Circuit were among the most reversed jurists in the U.S. — and that’s despite the fact that those more liberal justices have been replaced by staunch conservative justices. The Supreme Court heard 11 oral arguments on appeal from the Fifth Circuit during this past year and the justices reversed eight of them. Chief Justice John Roberts was in the majority in all 11 cases.

A year ago, the nation’s highest court reversed the Fifth Circuit in seven of 10 cases. Below is the list of this year’s Fifth Circuit cases heard by the Supreme Court and here is a link to last year’s list.

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