Jacques Loeb Wiener
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Jacques Loeb Wiener Jr. (born October 2, 1934) is a Senior United States Federal Judge of the United States Court of Appeals, Fifth Circuit in New Orleans, Louisiana.


Education and career

Wiener graduated from Tulane University with a Bachelor of Arts degree in 1956. After serving as an officer in the United States Navy, he attended Tulane University Law School, where he was editor in chief of the law review. Wiener received his
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
in 1961, graduating first in his class. He then entered private practice in Shreveport, specializing in estates, trusts, and taxation.


Federal judicial service

Wiener was nominated by President
George H. W. Bush George Herbert Walker BushSince around 2000, he has been usually called George H. W. Bush, Bush Senior, Bush 41 or Bush the Elder to distinguish him from his eldest son, George W. Bush, who served as the 43rd president from 2001 to 2009; pr ...
on November 17, 1989, to a seat on the United States Court of Appeals for the Fifth Circuit that had been vacated by Judge Robert Madden Hill. He was confirmed by the United States Senate, members of the
101st United States Congress The 101st United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1989 ...
, on March 9, 1990, and received commission on March 12, 1990. He assumed senior status on September 30, 2010.


Notable cases

On August 9, 2019, Wiener joined an opinion written by
James L. Dennis James L. Dennis (born January 9, 1936) is an American lawyer, jurist, and former politician serving as a senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit, with chambers in New Orleans, Louisiana. Ea ...
that held the Indian Child Welfare Act (ICWA) is constitutional. This ruling was affirmed in part and reversed in part when the 5th circuit went en banc. Wiener was part of the en banc panel and dissented from the parts that struck down portions of the ICWA. On December 21, 2020, and again on September 9, 2021 (en banc), Wiener dissented when the 5th Circuit ruled that an oil company supervisor already making $200,000 a year was entitled to overtime pay. Wiener stated "Frankly, I cannot fathom how a majority of the active judges of this court can vote to require Helix to pay overtime to Hewitt, the supervisor of 12 to 13 hourly, hands-on workers, when he was already paid more than twice the cap of $100,000 per annum for overtime eligibility. And, if that is not incomprehensible enough, keep in mind that Hewitt worked for Helix no more than half of the days during the calendar years at issue!" Wiener's dissent in the en banc case was joined by four other judges. The Supreme Court affirmed the majority's decision by a vote of 6–3 in ''
Helix Energy Solutions Group, Inc. v. Hewitt ''Helix Energy Solutions Group, Inc. v. Hewitt'', 598 U.S. 39 (2023), was a United States Supreme Court case related to the Fair Labor Standards Act of 1938. Background Michael Hewitt was a toolpusher (a supervisor) on oil rigs for Helix Ener ...
''.


References


External links

* 1934 births 20th-century American judges C. E. Byrd High School alumni Judges of the United States Court of Appeals for the Fifth Circuit Living people People from Shreveport, Louisiana Tulane University Law School alumni United States court of appeals judges appointed by George H. W. Bush United States Navy officers {{US-federal-judge-stub