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United States Court of Appeals for the Fifth Circuit Wiki2Web Clarity Challenge

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Study Guide: United States Court of Appeals for the Fifth Circuit: Structure, History, and Jurisprudence

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United States Court of Appeals for the Fifth Circuit: Structure, History, and Jurisprudence Study Guide

Founding, Structure, and Jurisdiction

The United States Court of Appeals for the Fifth Circuit is commonly abbreviated as 5th Cir.

Answer: True

Explanation: The source explicitly states that the United States Court of Appeals for the Fifth Circuit is commonly abbreviated as 5th Cir.

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The Fifth Circuit's appellate jurisdiction currently includes district courts in Florida, Georgia, and Alabama.

Answer: False

Explanation: While Florida, Georgia, and Alabama were initially part of the Fifth Circuit's jurisdiction, their district courts were transferred to the newly established Eleventh Circuit in 1981.

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Both the headquarters and the clerk's office for the Fifth Circuit are located in Houston, Texas.

Answer: False

Explanation: The headquarters and clerk's office for the Fifth Circuit are both located in New Orleans, Louisiana, at the John Minor Wisdom United States Court of Appeals Building and the F. Edward Hebert Federal Building, respectively.

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The Fifth Circuit currently operates with 17 active judgeships, a number that has remained constant since its establishment.

Answer: False

Explanation: The Fifth Circuit currently has 17 active judgeships, but this number has not been constant since its establishment; it historically had 29 seats, with 12 reassigned to the Eleventh Circuit in 1981.

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The Fifth Circuit historically had 29 seats for active judges, but 12 were reassigned to the Eleventh Circuit, resulting in the current 17-seat court.

Answer: True

Explanation: The Fifth Circuit historically had 29 seats for active judges, and 12 were reassigned to the Eleventh Circuit, resulting in the current 17-seat court, as stated in the source.

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Samuel Alito is the current Circuit Justice for the Fifth Circuit.

Answer: True

Explanation: Samuel Alito is indeed the current Circuit Justice for the Fifth Circuit, as stated in the source.

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The Fifth Circuit's appellate jurisdiction covers the U.S. district courts in the Eastern, Middle, and Western Districts of Louisiana, but only the Northern District of Mississippi.

Answer: False

Explanation: The Fifth Circuit's appellate jurisdiction covers both the Northern and Southern Districts of Mississippi, not just the Northern District.

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What is the common abbreviation for the United States Court of Appeals for the Fifth Circuit?

Answer: 5th Cir.

Explanation: The United States Court of Appeals for the Fifth Circuit is commonly abbreviated as 5th Cir.

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Which of the following states' district courts are NOT currently under the appellate jurisdiction of the Fifth Circuit?

Answer: Florida

Explanation: The district courts for Florida, Georgia, and Alabama were transferred from the Fifth Circuit to the newly established Eleventh Circuit in 1981.

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Where is the headquarters of the United States Court of Appeals for the Fifth Circuit located?

Answer: New Orleans, Louisiana

Explanation: The headquarters of the Fifth Circuit are located at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana.

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How many active judgeships does the Fifth Circuit currently have?

Answer: 17

Explanation: The Fifth Circuit currently operates with 17 active judgeships.

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How many active judge seats did the Fifth Circuit historically have before reassignments to the Eleventh Circuit?

Answer: 29

Explanation: The Fifth Circuit historically had 29 seats for active judges before 12 were reassigned to the Eleventh Circuit.

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Who is the current Circuit Justice for the Fifth Circuit?

Answer: Samuel Alito

Explanation: Samuel Alito is the current Circuit Justice for the Fifth Circuit.

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Historical Milestones and Impact

The Evarts Act was responsible for establishing the United States Court of Appeals for the Fifth Circuit on June 16, 1891.

Answer: True

Explanation: The United States Court of Appeals for the Fifth Circuit was indeed established on June 16, 1891, by the legislative act known as the Evarts Act.

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The Panama Canal Zone was added to the Fifth Circuit's jurisdiction in 1948 and remained under its authority until control of the zone was transferred to Panama in 1982.

Answer: True

Explanation: The Panama Canal Zone was added to the Fifth Circuit's jurisdiction on June 25, 1948, and jurisdiction ceased on March 31, 1982, when control was transferred to Panama.

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The 'Fifth Circuit Four' were a group of judges who consistently opposed the advancement of civil rights for African Americans in the late 1950s.

Answer: False

Explanation: The 'Fifth Circuit Four' were actually known for their crucial decisions that *advanced* the civil rights of African Americans, often in opposition to other judges.

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The Fifth Circuit earned the nickname 'Supreme Court of Dixie' during the Civil Rights era due to its significant influence on civil rights matters in the Southern United States.

Answer: True

Explanation: The Fifth Circuit earned the nickname 'Supreme Court of Dixie' during the Civil Rights era precisely because of the pivotal role its judges played in advancing civil rights in the Southern United States.

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Hurricane Katrina caused severe structural damage to the John Minor Wisdom Courthouse, leading to its permanent relocation to Houston.

Answer: False

Explanation: Hurricane Katrina caused only slight damage to the John Minor Wisdom Courthouse, leading to a temporary relocation of administrative operations to Houston, with normal operations resuming in New Orleans in 2007.

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By what legislative act was the United States Court of Appeals for the Fifth Circuit established?

Answer: The Evarts Act

Explanation: The United States Court of Appeals for the Fifth Circuit was established on June 16, 1891, by the Evarts Act.

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When did the Fifth Circuit lose jurisdiction over the Panama Canal Zone?

Answer: March 31, 1982

Explanation: The Fifth Circuit lost jurisdiction over the Panama Canal Zone on March 31, 1982, when control of the zone was transferred to Panama.

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Who among the 'Fifth Circuit Four' was known for their crucial decisions advancing civil rights?

Answer: Elbert Parr Tuttle

Explanation: Elbert Parr Tuttle was one of the 'Fifth Circuit Four' judges known for their crucial decisions advancing the civil rights of African Americans.

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What nickname did the Fifth Circuit earn during the Civil Rights era?

Answer: The Supreme Court of Dixie

Explanation: During the Civil Rights era, the Fifth Circuit was nicknamed the 'Supreme Court of Dixie' due to its pivotal role in advancing civil rights in the Southern United States.

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What was the primary impact of Hurricane Katrina on the John Minor Wisdom Courthouse?

Answer: It sustained slight damage, leading to a temporary relocation of administrative operations.

Explanation: Hurricane Katrina caused slight damage to the John Minor Wisdom Courthouse, leading to a temporary relocation of administrative operations to Houston, not permanent destruction or closure.

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Judicial Appointments and Ideology

President Donald Trump's appointment of six judges to the Fifth Circuit during his first administration led to its reputation as the most conservative court of appeals.

Answer: True

Explanation: President Donald Trump's appointment of six judges to the Fifth Circuit during his first administration is indeed cited as a reason for its reputation as the most conservative court of appeals.

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The Fifth Circuit's reversal rate at the U.S. Supreme Court between the 2020 and 2022 terms was 74%, which was lower than the average reversal rate for circuit courts.

Answer: False

Explanation: The Fifth Circuit's reversal rate of 74% at the U.S. Supreme Court between the 2020 and 2022 terms was actually *higher* than the average reversal rate of 68% for circuit courts.

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Chief Justice John Roberts and other Supreme Court members have expressed concerns regarding the Fifth Circuit's approach to cases, interpreting its rulings as exceptionally conservative.

Answer: True

Explanation: Chief Justice John Roberts and other Supreme Court members have indeed expressed concerns regarding the Fifth Circuit's approach to cases, with observers interpreting its rulings as exceptionally conservative.

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When a judge assumes 'senior status,' they fully retire from the bench and no longer participate in court proceedings.

Answer: False

Explanation: When a judge assumes 'senior status,' they remain on the bench but vacate their active seat, allowing a new appointment, and continue to participate in court proceedings in a reduced capacity, rather than fully retiring.

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Priscilla Richman, who served as Chief Judge from 2019 to 2024, was appointed as a Circuit Judge by President Bill Clinton.

Answer: False

Explanation: Priscilla Richman, who served as Chief Judge from 2019 to 2024, was appointed as a Circuit Judge by President George W. Bush in 2005, not President Bill Clinton.

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Carl E. Stewart, who served as Chief Judge from 2012 to 2019, was appointed as a Circuit Judge by President George H.W. Bush.

Answer: False

Explanation: Carl E. Stewart, who served as Chief Judge from 2012 to 2019, was appointed as a Circuit Judge by President Clinton in 1994, not President George H.W. Bush.

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Carolyn Dineen King was appointed by President Carter and served as Chief Judge from 1999 to 2006 before assuming senior status in 2013.

Answer: True

Explanation: Carolyn Dineen King was appointed by President Carter, served as Chief Judge from 1999 to 2006, and assumed senior status in 2013, as stated in the source.

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How many judges did President Donald Trump appoint to the Fifth Circuit during his first administration?

Answer: Six

Explanation: President Donald Trump appointed six judges to the Fifth Circuit during his first administration, which contributed to its reputation as a conservative court.

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What was the Fifth Circuit's reversal rate at the U.S. Supreme Court between the 2020 and 2022 terms?

Answer: 74%

Explanation: Between the 2020 and 2022 terms, the Fifth Circuit's reversal rate at the U.S. Supreme Court was 74%.

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What is the significance of a judge assuming 'senior status'?

Answer: They remain on the bench but vacate their active seat, allowing a new appointment.

Explanation: Assuming 'senior status' means a judge remains on the bench but vacates their active seat, which allows the U.S. President to appoint a new judge to fill the newly opened seat.

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Which U.S. President appointed the current Chief Judge, Jennifer Walker Elrod?

Answer: President G.W. Bush

Explanation: Chief Judge Jennifer Walker Elrod was appointed by President George W. Bush in 2007.

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Which U.S. President appointed Edith Jones, an active circuit judge since 1985?

Answer: President Reagan

Explanation: Edith Jones, an active circuit judge since 1985, was appointed by President Reagan.

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Which U.S. President appointed Carl E. Stewart as a Circuit Judge in 1994?

Answer: President Clinton

Explanation: Carl E. Stewart was appointed as a Circuit Judge by President Clinton in 1994.

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Which U.S. President appointed Stephen A. Higginson as an active Circuit Judge in 2011?

Answer: President Obama

Explanation: Stephen A. Higginson, an active Circuit Judge since 2011, was appointed by President Obama.

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Which U.S. President appointed Irma Carrillo Ramirez as an active Circuit Judge in 2023?

Answer: President Biden

Explanation: Irma Carrillo Ramirez, an active Circuit Judge since 2023, was appointed by President Biden.

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Chief Judge: Role, Eligibility, and Tenure

Jennifer Walker Elrod, appointed by President George W. Bush, assumed the role of Chief Judge of the Fifth Circuit in 2024.

Answer: True

Explanation: Jennifer Walker Elrod, appointed by President George W. Bush, assumed the role of Chief Judge of the Fifth Circuit in 2024, as stated in the provided information.

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To be eligible for the chief judge position, a judge must have been in active service for at least one year, be under 65, and not have previously served as chief judge.

Answer: True

Explanation: The eligibility requirements for a chief judge include having been in active service for at least one year, being under the age of 65, and not having previously served as chief judge.

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A vacancy for the chief judge position is filled by the judge with the most seniority among qualified candidates, based primarily on their age.

Answer: False

Explanation: While a vacancy for chief judge is filled by the judge highest in seniority among qualified candidates, seniority is determined first by the date of their commission, and then by age if commission dates are the same, not primarily by age.

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A chief judge serves for a term of ten years or until they reach the age of 75, whichever occurs first.

Answer: False

Explanation: A chief judge serves for a term of seven years or until they reach the age of 70, whichever occurs first, not ten years or until age 75.

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When the office of chief judge was created in 1948, the position was held by the longest-serving judge who had not chosen to retire to senior status or declined to serve.

Answer: True

Explanation: This statement accurately describes the initial rules for determining the chief judge when the office was created in 1948.

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The current rules governing the selection and tenure of chief judges have been in operation since October 1, 1982.

Answer: True

Explanation: The current rules governing the selection and tenure of chief judges have indeed been in operation since October 1, 1982.

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The office of chief judge in a circuit court is a lifetime appointment, similar to that of a Supreme Court Justice.

Answer: False

Explanation: The office of chief judge in a circuit court is not a lifetime appointment; it rotates among qualified judges and has a term limit of seven years or until age 70.

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Who is the current Chief Judge of the United States Court of Appeals for the Fifth Circuit?

Answer: Jennifer Walker Elrod

Explanation: Jennifer Walker Elrod assumed the role of Chief Judge of the United States Court of Appeals for the Fifth Circuit in 2024.

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What is a key administrative responsibility of a chief judge in a U.S. Court of Appeals?

Answer: Overseeing the administrative operations of their circuit.

Explanation: Chief judges are responsible for the administrative oversight of their respective circuits and preside over judicial panels on which they serve, unless the circuit justice is present.

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Under current rules, which of the following is an eligibility requirement for a judge to become a chief judge?

Answer: Must have been in active service for at least one year.

Explanation: To be eligible for the chief judge position, a judge must have been in active service on the court for at least one year, be under the age of 65, and not have previously served as chief judge.

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How is seniority primarily determined when filling a chief judge vacancy?

Answer: By the date of their commission.

Explanation: Seniority for filling a chief judge vacancy is determined first by the date of a judge's commission, and then by age if commission dates are the same.

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What change was introduced to the chief judge rules after August 6, 1959?

Answer: Chief judges could no longer serve past the age of 70.

Explanation: After August 6, 1959, a new rule was implemented stating that judges could not become or remain chief judge after turning 70 years old.

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When did the current rules governing the selection and tenure of chief judges come into effect?

Answer: 1982

Explanation: The current rules governing the selection and tenure of chief judges have been in operation since October 1, 1982.

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Judicial Seats: History and Incumbents

Don Albert Pardee was the first judge to hold Seat 1 in the newly formed United States Circuit Court of Appeals for the Fifth Circuit.

Answer: True

Explanation: Don Albert Pardee was indeed the first judge to hold Seat 1 in the newly formed United States Circuit Court of Appeals for the Fifth Circuit, due to his seat being reassigned from the earlier Circuit Court.

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Seat 3 of the Fifth Circuit was established in 1905, with David Davie Shelby as its first occupant.

Answer: False

Explanation: Seat 3 of the Fifth Circuit was established on January 25, 1899, not 1905, with David Davie Shelby as its first occupant.

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Joseph Chappell Hutcheson Jr. was the first judge to occupy Seat 4, which is currently held by Jennifer Walker Elrod.

Answer: True

Explanation: Joseph Chappell Hutcheson Jr. was the first judge to occupy Seat 4, and Jennifer Walker Elrod is its current occupant, as stated in the source.

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Leon Clarence McCord held Seat 5, which was established in 1938, before it was reassigned to the Eleventh Circuit in 1981.

Answer: True

Explanation: Leon Clarence McCord held Seat 5, established in 1938, and it was indeed reassigned to the Eleventh Circuit on October 1, 1981.

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Elbert Tuttle, a prominent member of the 'Fifth Circuit Four,' held Seat 7 before its reassignment to the Eleventh Circuit.

Answer: True

Explanation: Elbert Tuttle, a member of the 'Fifth Circuit Four,' held Seat 7, which was subsequently reassigned to the Eleventh Circuit.

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Seat 10 was made permanent in 1968, and its current active judge is Catharina Haynes.

Answer: True

Explanation: Seat 10 was made permanent in 1968, and Catharina Haynes is its current active judge, as stated in the source.

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The current active judge for Seat 13 is Dana Douglas, and this seat was made permanent in 1978.

Answer: False

Explanation: While Dana Douglas is the current active judge for Seat 13, this seat was made permanent on June 18, 1968, not 1978.

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Irma Carrillo Ramirez, appointed by President Biden, is the current active judge for Seat 15, which was established in 1968.

Answer: True

Explanation: Irma Carrillo Ramirez, appointed by President Biden, is the current active judge for Seat 15, which was established in 1968, as stated in the source.

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Carolyn Dineen King was the first occupant of Seat 19, and James C. Ho is the current active judge for this seat.

Answer: True

Explanation: Carolyn Dineen King was the first occupant of Seat 19, and James C. Ho is the current active judge for this seat, as stated in the source.

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Henry Anthony Politz was the first occupant of Seat 20, and Leslie H. Southwick is the current active judge.

Answer: True

Explanation: Henry Anthony Politz was the first occupant of Seat 20, and Leslie H. Southwick is the current active judge for this seat, as stated in the source.

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Don Willett, appointed by President Trump, is the current active judge for Seat 22, which was first occupied by Thomas Morrow Reavley.

Answer: True

Explanation: Don Willett, appointed by President Trump, is the current active judge for Seat 22, which was first occupied by Thomas Morrow Reavley, as stated in the source.

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Edith Jones, appointed by President Reagan, is the current active judge for Seat 27, which was established in 1984.

Answer: True

Explanation: Edith Jones, appointed by President Reagan, is the current active judge for Seat 27, which was established in 1984, as stated in the source.

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Who was the first judge to hold Seat 1 in the newly formed United States Circuit Court of Appeals for the Fifth Circuit?

Answer: Don Albert Pardee

Explanation: Don Albert Pardee was the first judge to hold Seat 1 in the newly formed United States Circuit Court of Appeals for the Fifth Circuit.

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Which judge currently holds Seat 2 of the Fifth Circuit?

Answer: Cory T. Wilson

Explanation: Cory T. Wilson currently holds Seat 2 of the Fifth Circuit, having begun his active service in 2020.

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When was Seat 3 of the Fifth Circuit established?

Answer: January 25, 1899

Explanation: Seat 3 of the Fifth Circuit was established on January 25, 1899.

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Who is the current occupant of Seat 4 of the Fifth Circuit?

Answer: Jennifer Walker Elrod

Explanation: Jennifer Walker Elrod is the current occupant of Seat 4 of the Fifth Circuit, having begun her active service in 2007.

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Which judge held Seat 5, established in 1938, before its reassignment to the Eleventh Circuit?

Answer: Leon Clarence McCord

Explanation: Leon Clarence McCord held Seat 5, established in 1938, before its reassignment to the Eleventh Circuit in 1981.

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Who was the last judge to hold Seat 6 before its reassignment to the Eleventh Circuit?

Answer: Peter T. Fay

Explanation: Peter T. Fay was the last judge to hold Seat 6 before its reassignment to the Eleventh Circuit on October 1, 1981.

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Who is the current active judge for Seat 10 of the Fifth Circuit?

Answer: Catharina Haynes

Explanation: Catharina Haynes is the current active judge for Seat 10 of the Fifth Circuit, having begun her service in 2008.

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Which judge held Seat 12 before its reassignment to the Eleventh Circuit?

Answer: John Milton Bryan Simpson

Explanation: John Milton Bryan Simpson held Seat 12 before its reassignment to the Eleventh Circuit on October 1, 1981.

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Who is the current active judge for Seat 13 of the Fifth Circuit?

Answer: Dana Douglas

Explanation: Dana Douglas is the current active judge for Seat 13 of the Fifth Circuit, having begun her service in 2022.

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Who is the current active judge for Seat 15 of the Fifth Circuit?

Answer: Irma Carrillo Ramirez

Explanation: Irma Carrillo Ramirez is the current active judge for Seat 15 of the Fifth Circuit, having begun her service in 2023.

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Who was the first occupant of Seat 19 of the Fifth Circuit?

Answer: Carolyn Dineen King

Explanation: Carolyn Dineen King was the first occupant of Seat 19, established on October 20, 1978.

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Who is the current active judge for Seat 20 of the Fifth Circuit?

Answer: Leslie H. Southwick

Explanation: Leslie H. Southwick is the current active judge for Seat 20 of the Fifth Circuit, having began his service in 2007.

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Who is the current active judge for Seat 22 of the Fifth Circuit?

Answer: Don Willett

Explanation: Don Willett is the current active judge for Seat 22 of the Fifth Circuit, having begun his service in 2018.

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Who is the current active judge for Seat 26 of the Fifth Circuit?

Answer: Priscilla Richman

Explanation: Priscilla Richman is the current active judge for Seat 26 of the Fifth Circuit, having begun her service in 2005.

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