Stephen A. Higginson
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Stephen Andrew Higginson (born April 12, 1961) is a
United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...
of the
United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...
and a Judge of the
United States Foreign Intelligence Surveillance Court of Review The United States Foreign Intelligence Surveillance Court of Review (FISCR) is a U.S. federal court whose sole purpose is to review denials of applications for electronic surveillance warrants (called FISA warrants) by the United States Foreign ...
.


Early life and education

Born in
Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
, Higginson graduated from the Groton School in Groton,
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
in 1979. He then attended
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of high ...
and graduated summa cum laude from
Harvard College Harvard College is the undergraduate college of Harvard University, an Ivy League research university in Cambridge, Massachusetts. Founded in 1636, Harvard College is the original school of Harvard University, the oldest institution of higher lea ...
with an Artium Baccalaureus degree in 1983, where he concentrated in Government and English. After earning a
Master of Philosophy The Master of Philosophy (MPhil; Latin ' or ') is a postgraduate degree. In the United States, an MPhil typically includes a taught portion and a significant research portion, during which a thesis project is conducted under supervision. An MPhil ...
from the
University of Cambridge The University of Cambridge is a public collegiate research university in Cambridge, England. Founded in 1209 and granted a royal charter by Henry III in 1231, Cambridge is the world's third oldest surviving university and one of its most pr ...
the following year, he enrolled in
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
, where from he graduated with a Juris Doctor in 1987. During his time at Yale, he served as Editor-in-Chief of the '' Yale Law Journal''. From 1987 until 1988, Higginson served as a law clerk for Judge
Patricia Wald Patricia Ann McGowan Wald (September 16, 1928 – January 12, 2019) was an American judge who served as the Chief United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) and as a judg ...
of the
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate co ...
. He then served as a law clerk for Justice
Byron White Byron "Whizzer" Raymond White (June 8, 1917 April 15, 2002) was an American professional football player and jurist who served as an associate justice of the U.S. Supreme Court from 1962 until his retirement in 1993. Born and raised in Colo ...
on the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
from 1988 until 1989.


Professional career

Higginson became an Assistant United States Attorney in 1989, working in the criminal division for the District of Massachusetts. In 1993, he shifted to working in the Eastern District of Louisiana, and he became chief of appeals in 1995. From 2004 to 2011, he worked part-time as a prosecutor, continuing to supervise the appellate section. In 2004, he became a full-time faculty member at Loyola University New Orleans College of Law. He taught criminal procedure, constitutional law and evidence. Higginson is an elected member of the American Law Institute.


Federal judicial service

On May 5, 2011, President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
announced his intent to nominate Higginson to a seat on the United States Court of Appeals for the Fifth Circuit and submitted the nomination to the Senate on May 9, 2011. Senator
Mary Landrieu Mary Loretta Landrieu ( ; born November 23, 1955) is an American entrepreneur and politician who served as a United States senator from Louisiana from 1997 to 2015. A member of the Democratic Party, Landrieu served as the Louisiana State Treas ...
had recommended Higginson to Obama for the vacancy in November 2010. The Senate confirmed Higginson's nomination by a 88–0 vote on October 31, 2011, and he received his commission and was sworn into office on November 2, 2011. He fills the seat that had been held by Judge Jacques L. Wiener Jr., who assumed
senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
in 2010. On February 25, 2021, Higginson was appointed to the
United States Foreign Intelligence Surveillance Court of Review The United States Foreign Intelligence Surveillance Court of Review (FISCR) is a U.S. federal court whose sole purpose is to review denials of applications for electronic surveillance warrants (called FISA warrants) by the United States Foreign ...
by Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
.


Notable cases

*In June 2017, Higginson authored the majority opinion in ''Plummer v. University of Houston'', in which the Fifth Circuit affirmed a lower court ruling that a university did not violate the Due Process Clause or
Title IX Title IX is the most commonly used name for the federal civil rights law in the United States that was enacted as part (Title IX) of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other educat ...
when it expelled a student for committing a campus sexual assault, as well as his girlfriend, who had recorded the assault and shared the video on social media. *On April 26, 2022, Higginson dissented when the 5th Circuit officially rejected challenges to Texas SB 8, a law that bans abortions within the state after a fetal heartbeat is detected (roughly 6 weeks after a pregnancy) and allows private individuals, or "bounty hunters", to sue anyone who performed or helped a woman get an abortion after the 6 week time frame.


Personal

Higginson is married to Collette Creppell, who is the university architect for Brown University and was the former director of the New Orleans City Planning Commission and the former university architect and director of campus planning for
Tulane University Tulane University, officially the Tulane University of Louisiana, is a private research university in New Orleans, Louisiana. Founded as the Medical College of Louisiana in 1834 by seven young medical doctors, it turned into a comprehensive pub ...
. The couple has three children and lives in New Orleans.


See also

* List of law clerks of the Supreme Court of the United States (Seat 6)


References


External links

* * {{DEFAULTSORT:Higginson, Stephen A. 1961 births Living people 21st-century American judges Alumni of the University of Cambridge Assistant United States Attorneys Groton School alumni Harvard College alumni Judges of the United States Court of Appeals for the Fifth Circuit Judges of the United States Foreign Intelligence Surveillance Court of Review Law clerks of the Supreme Court of the United States Loyola University New Orleans faculty United States court of appeals judges appointed by Barack Obama Yale Law School alumni