Drew B. Tipton

•   United States Marine Corps
  • United States Marine Corps Reserve

Drew Tipton
Judge of the United States District Court for the Southern District of Texas
Incumbent
Assumed office June 15, 2020
Years of service	1988–1994
Rank	Sergeant
Unit	1st Battalion, 23rd Marines, 4th Marine Division [1]

Drew Barnett Tipton (born 1967) ^[1] is a United States district judge of the United States District Court for the Southern District of Texas.

Education

Tipton graduated from Angleton High School, earned his Bachelor of Arts from Texas A&M University, and his Juris Doctor from South Texas College of Law. ^{[2] [3]}

Career

Military service

Tipton served in the United States Marine Corps Reserve from 1988 to 1994 as a radio operator for an infantry battalion. He was honorably discharged with the rank of Sergeant. ^[1]

After graduating law school, Tipton served as a law clerk to Judge John David Rainey of the United States District Court for the Southern District of Texas. He previously was in private practice with Marek, Griffin, & Knaupp and Littler Mendelson. From 1999 to 2020, he was part of BakerHostetler's Houston office and became a partner in 2002. His practice focused on complex employment law and trade secret litigation. ^[2]

Federal judicial service

On January 15, 2020, President Donald Trump announced his intent to nominate Tipton to serve as a United States district judge for the United States District Court for the Southern District of Texas. On February 4, 2020, the nomination was sent to the Senate. Tipton was nominated to the seat vacated by Judge Sim Lake, who assumed senior status on July 5, 2019. ^[4] A hearing on his nomination before the Senate Judiciary Committee was held on February 12, 2020. ^[5] On May 14, 2020, the nomination was reported out of committee by a 12–10 vote. ^[6] On June 3, 2020, the United States Senate invoked cloture on Tipton's nomination by a 53–42 vote. ^[7] Later that day, his nomination was confirmed by a 52–41 vote. ^[8] He received his judicial commission on June 15, 2020. ^[9]

Notable rulings

• On January 26, 2021, Tipton enjoined an Executive Order issued by President Joe Biden, ^[10] which halted the deportation of some illegal immigrants for a 100-day period by temporarily blocking the President from overturning the prior administration's immigration policy known as Migrant Protection Protocols (MPP). ^[11]
• On February 23, shortly before the temporary stay expired, Tipton ruled that Biden's executive order pausing deportations for 100 days exceeded presidential authority. ^[12]
• On September 15, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled Tipton's ruling regarding Biden's executive order was incorrect, disagreeing with his reading of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and his disregard for the long-standing tradition of executive procedural authority. ^[13] On November 30, 2021, the full Fifth Circuit vacated that three-judge panel's decision, thereby lifting the stay on Tipton's preliminary injunction. ^{[14] [15]} On July 21, 2022, the Supreme Court agreed hear the case and left in place Tipton's ruling striking down the Biden policy, which means that the Biden administration cannot implement it while it waits for the Supreme Court to hear argument and issue a decision. ^[16]

On June 23, 2023, the Supreme Court overturned his ruling on 8–1 vote, on the grounds that Tipton did not have jurisdiction over the case. ^[17]

Memberships

He has been a member of the American Legion since 1999. He has been a member of the American Bar Association since 2000. From 2002 to 2008, he was a member of the Republican National Lawyers Association. Since 2003, he has been a member of the Marine Corps Association. Since 2010, he has been a member of the Federalist Society. He has been a member of the Second Baptist Church in Houston, Texas since 2008. ^[1]

References

1. United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Drew Tipton
2. "President Donald J. Trump Announces Judicial Nominee" White House, January 15, 2020 This article incorporates text from this source, which is in the public domain .
3. Blackann, Courtney (16 January 2020). "Angleton native nominated for federal judgeship". The Facts. Retrieved January 16, 2020.
4. "Eleven Nominations Sent to the Senate", White House, February 4, 2020
5. Nominations for February 12, 2020
6. "Results of Executive Business Meeting – May 14, 2020" (PDF). Senate Judiciary Committee.
7. "On the Cloture Motion (Motion to Invoke Cloture: Drew B. Tipton to be U.S. District Judge for the Southern District of Texas)". United States Senate. June 3, 2020.
8. "On the Nomination (Confirmation: Drew B. Tipton, of Texas to be U.S. District Judge for the Southern District of Texas)". United States Senate. June 3, 2020.
9. Drew B. Tipton at the Biographical Directory of Federal Judges , a publication of the Federal Judicial Center .
10. Diaz, Jaclyn (21 January 2021). "Biden Suspends Deportations, Stops 'Remain In Mexico' Policy". NPR.org. Retrieved January 27, 2021.
11. Jones, Dustin (26 January 2021). "Federal Judge Blocks Biden's 100-Day Deportation Moratorium". NPR.org. Retrieved January 27, 2021.
12. https://www.msn.com/en-us/news/us/judge-blocks-bidens-100-day-deportation-pause-in-nationwide-order/ar-BB1dYCGY February 24, 2021. Retrieved February 24, 2021.
13. https://lawandcrime.com/immigration/appeals-court-issues-thorough-takedown-of-district-court-ruling-which-barred-bidens-enforcement-priorities-for-ice Sept 15, 2021.
14. "Full Fifth Circuit to Review Biden's Interior Enforcement Restrictions". 4 December 2021.
15. "Appeals Court Lets Deportation Moratorium Ban Proceed". 2 December 2021.
16. “Supreme Court won't reinstate Biden policy limiting immigration arrests; The court said it will hear the merits of the case in December,” by Robert Barnes and Maria Sacchetti, The Washington Post, July 21, 2022
17. Millhiser, Ian (2023-06-23). "The Supreme Court may be running out of patience for Trump's worst judges". Vox. Retrieved 2023-06-30.

External links

• Drew B. Tipton at the Biographical Directory of Federal Judges , a publication of the Federal Judicial Center .

Legal offices
Preceded by Sim Lake	Judge of the United States District Court for the Southern District of Texas 2020–present	Incumbent