Career
After law school,Oldham was a law clerk to judge David B. Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit from 2005 to 2006. He worked as an attorney-adviser in the U.S. Department of Justice's Office of Legal Counsel from 2006 to 2008,as part of the George W. Bush Administration. [2] He then clerked for Justice Samuel Alito of the U.S. Supreme Court from 2008 to 2009,where he was a co-clerk with future federal judge Michael H. Park. [2]
Oldham entered private practice in 2009 at the law firm Kellogg,Hansen,Todd,Figel &Frederick in Washington,D.C. [2] His practice focused on appellate litigation in federal courts of appeals throughout the country. He then served in the Office of the Solicitor General of Texas as Deputy Solicitor General,where he represented Texas in federal courts across the country. [3] In 2015,Oldham wrote an amicus curiae brief in support of Abbott's successful challenge of President Barack Obama's Deferred Action for Childhood Arrivals executive order. [2] [4]
Prior to becoming a judge,Oldham served as general counsel to Texas governor Greg Abbott, [3] [5] where he advised Abbott on a range of issues under federal and state law and managed litigation in which the Governor was an interested party. [6]
Abbott appointed Oldham as general counsel to replace Jimmy Blacklock,who left to take a seat on the Supreme Court of Texas. [3]
Oldham has been an adjunct professor at the University of Texas School of Law since 2019. [7] He has been a member of the Federalist Society since 2002. [1]
Federal judicial service
On February 12,2018,President Donald Trump announced his intent to nominate Oldham to an undetermined seat on the United States Court of Appeals for the Fifth Circuit. On February 15,2018,his nomination was sent to the Senate. President Trump nominated Oldham to the seat vacated by Judge Edward C. Prado,who became the United States Ambassador to Argentina. [3] On April 25,2018,a hearing on his nomination was held before the Senate Judiciary Committee. [8] On May 24,2018,his nomination was reported out of committee by an 11–10 vote. [9] On July 17,2018,the Senate invoked cloture on his nomination by a 50–49 vote. [10] On July 18,2018,his nomination was confirmed by a 50–49 vote. [11] He received his judicial commission on July 19,2018. [12]
He has been suggested as a potential United States Supreme Court nominee for the second Trump presidency. [13] A March 21,2025 Washington Post op-ed by George Will discussed,with high praise,Oldham's July 2024 opinion for the majority of the Fifth Circuit,sitting en banc,in Consumers Research v. FCC. Will's piece stated that Oldham "merits promotion to a higher court". [14] [15] The Supreme Court overturned the ruling 6-3 on June 27,2025. [16]
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