Conservative 5th Circuit Judge Takes Helm at Key Appeals Court

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Judge Jennifer Walker Elrod of the 5th U.S. Circuit Court of Appeals, who has delivered major rulings against abortion rights, gun control, and Obamacare, took over as the new chief judge of the New Orleans-based court on Friday. Elrod, appointed by then-President George W. Bush, replaced Circuit Judge Priscilla Richman, a fellow Bush-era appointee who had served as chief since 2019. The 5th Circuit handles all federal trial court appeals from Texas, Mississippi, and Louisiana.

Elrod now joins the other U.S. circuit chief judges on the Judicial Conference of the United States, the federal courts’ policymaking body. Chief judges manage various administrative duties, including reviewing judicial conduct complaints. In a statement on Friday, Elrod expressed her honor in becoming the court’s 13th chief judge.

“I plan to continue our court’s focus on resolving cases efficiently, enhancing our processes with technology, and educating the public about the judiciary’s role in our system of government,” she said.

Richman did not immediately comment on the leadership change.

The process for selecting a chief judge depends on criteria such as seniority and age. A chief judge serves for seven years or until reaching the age of 70. At 58, Elrod now oversees a court known for its conservative leanings, with 12 of the 5th Circuit’s 17 active judges appointed by Republican presidents, including six chosen by former President Donald Trump.

Last month, Elrod authored a 2-1 decision that revived a challenge to a Biden-era law requiring drug companies to negotiate prices with Medicare. In another significant decision last year, she supported restrictions on the abortion pill mifepristone, though the U.S. Supreme Court later overturned that ruling.

Elrod also wrote the majority opinion in a 13-3 ruling that struck down a ban on “bump stock” devices, which enable semiautomatic weapons to fire like machine guns. The justices in June agreed that the ban was unlawful.

In 2022, Elrod led a 2-1 decision declaring the Securities and Exchange Commission’s system of in-house judges unconstitutional, ruling that it denied defendants the right to a jury trial. The Supreme Court upheld that decision. Elrod also authored a 2019 ruling that declared a key part of Obamacare unconstitutional, but the Supreme Court rejected the Republican-led challenge in 2021.

Before her 2007 appointment to the 5th Circuit, Elrod served as a Texas state judge and worked as an associate at Baker Botts.