---
title: "Stephen Andrew Higginson | KnowJudges"
canonical: "https://knowjudges.com/kyj/judge/stephen-andrew-higginson"
page_type: "judge_profile"
updated: "2026-10-09"
---

# Stephen Andrew Higginson

U.S. Court of Appeals for the Fifth Circuit · U.S. Circuit Judge

## Profile

- Court: U.S. Court of Appeals for the Fifth Circuit
- State: National federal courts
- Role: U.S. Circuit Judge
- Service status: active
- Last verified: 2026-07-25

## Summary

Official statewide and applicable court procedural guidance applies to this judge.

## Biography

### Professional career

- Foreign Intelligence Surveillance Court of Review: Judge since February 25, 2021
- Judge, Court of Appeals for the Fifth Circuit, 2011-present
- Associate professor, Loyola University New Orleans College of Law, 2004-2011
- held a position as Assistant U.S. Attorney in the District of Massachusetts (1989–1993) and later in the Eastern District of Louisiana (1993–2011)
- Law clerk, Hon. Byron White, Supreme Court of the United States, 1988-1989
- held the role of law clerk to Chief Judge Patricia Wald (D.C. Circuit) (1987–1988) and to Justice Byron White of the U.S. Supreme Court (1988–1989)
- Law clerk, Hon. Patricia Wald, U.S. Court of Appeals for the District of Columbia Circuit, 1987-1988
- American federal judge serving on the U.S. Court of Appeals for the Fifth Circuit and as Presiding Judge of the United States Foreign Intelligence Surveillance Court of Review

### Education

- M.Phil. — University of Cambridge — 1992
- Yale University — J.D. (1987)
- Yale Law School, where he was editor-in-chief of The Yale Law Journal — J.D. (1987)
- Harvard University — B.A. (1983)
- Harvard College

### Additional information

- Presiding Judge since August 16, 2023
- U.S. Court of Appeals for the Fifth Circuit: Appointed by President Barack Obama on May 9, 2011; confirmed by the Senate 88–0 on October 31, 2011; commissioned November 2, 2011
- Born April 12, 1961, in Boston, Massachusetts.
- Date of birth: 1961-01-01
- Higginson has authored and sat on numerous Fifth Circuit cases, covering areas such as labor law, civil rights, and criminal procedure.
- His rulings often focus on statutory interpretation and procedural issues, as seen in Starbucks v.
- NLRB, where he required agencies to apply the correct legal test for coercion under the totality of the circumstances.
- Birth place: Boston, MA

## Before you appear

- Read the judge-specific standing order first when one is listed.
- Check the docket and case orders for requirements that supersede broader guidance.
- Confirm current remote-access and courtroom technology arrangements before the proceeding.

## Courtroom Rules

### appellate oral argument

Scope: courtwide

In federal courts of appeals, oral argument is allowed unless a three-judge panel unanimously finds one of Rule 34's specified grounds for dispensing with it; the clerk provides the date, time, place, and time allocation.

Evidence excerpt: Oral argument must be allowed in every case unless a panel of three judges who have examined the briefs and record unanimously agrees that oral argument is unnecessary

[Federal Rule of Appellate Procedure 34, Oral Argument](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-appellate-procedure)
Source checked: 2026-07-26


## Sources

- [Official profile](https://www.fjc.gov/node/1393836)
- [Official roster](https://www.fjc.gov/node/1393836)
- [Federal Judicial Center biography](https://www.fjc.gov/node/1393836)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/1455/stephen-andrew-higginson/)
- [Federal Rule of Appellate Procedure 34, Oral Argument](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-appellate-procedure)
- [Federal Judicial Center — Biographical Directory of Federal Judges](https://www.fjc.gov/sites/default/files/history/judges.csv)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/1455/stephen-andrew-higginson/)
- [Wikidata: Stephen A. Higginson](https://www.wikidata.org/wiki/Q7608528)

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