W. Eugene Davis

Last updated
Eugene Davis
Senior Judge of the United States Court of Appeals for the Fifth Circuit
Incumbent
Assumed office
December 31, 2016

Davis was one of three judges on a panel that heard the appeal to Hornbeck Offshore Services LLC v. Salazar , a case challenging the U.S. Department of the Interior six-month moratorium on exploratory drilling in deep water that was adopted in the wake of the Deepwater Horizon explosion and the subsequent oil spill. The Fifth Circuit panel denied the government's emergency request to stay the lower court's decision pending appeal. [3]

In April 2020, Davis wrote for the unanimous panel when it found a board member of the Houston Community College System could sue for violation of the First Amendment to the United States Constitution after being censured by the other board members. [4] [5] After the circuit deadlocked 8-8 on whether the rehear the case, Davis' judgment was reversed by the unanimous Supreme Court of the United States in Houston Community College System v. Wilson (2022). [6]

In 2022, Davis dissented from the Fifth Circuit's decision in Securities and Exchange Commission v. Jarkesy in which the majority found the SEC's administrative enforcement against Jarkesy to be unconstitutional.

See also

References

  1. ↑ Confirmation hearings on federal appointments. 79: U.S. Government Printing Office. 1984. Retrieved 15 August 2021.{{cite book}}: CS1 maint: location (link)
  2. 1 2 3 4 "Davis, W. Eugene - Federal Judicial Center". www.fjc.gov.
  3. ↑ Pelofsky, Jeremy.; Doggett, Tom. Court refuses stay in deepwater drilling case. Reuters Canada. July 8, 2010.
  4. ↑ Wilson v. Houston Community College System, 955F.3d490 (5th Cir.2020).
  5. ↑ Note, Recent Case: Fifth Circuit Creates Circuit Split by Finding a Legislature’s Censure Can Violate the First Amendment , 134 Harv. L. Rev. 2638(2021).
  6. ↑ Liptak, Adam (25 March 2022). "Censure of Politician Did Not Violate First Amendment, Supreme Court Rules". The New York Times. p. A16. Retrieved 29 October 2023.
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Preceded byJudge of the United States District Court for the Western District of Louisiana
1976–1983		Succeeded by
Preceded by Judge of the United States Court of Appeals for the Fifth Circuit
1983–2016		Succeeded by
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