Emilio M. Garza
Encyclopedia
Emilio Miller Garza is a judge on the United States Court of Appeals for the Fifth Circuit
.
Born in San Antonio
, Texas
, Garza graduated from the University of Notre Dame
in 1969, receiving an MA there in 1970. He then joined the U.S. Marine Corps
, in which he was an officer from 1970-1973. Garza earned his Juris Doctor
at The University of Texas School of Law
in 1976. He was an attorney in private practice with the law firm of Clemens, Spencer, Welmaker & Fink in San Antonio between 1976 and 1986.
On February 2, 1988, President Ronald Reagan
appointed Garza to the United States District Court for the Western District of Texas
, to fill the seat vacated by William S. Sessions
. The U.S. Senate
confirmed Garza's appointment on April 19, 1988, and Garza received his commission the following day. On April 11, 1991, President George H. W. Bush
nominated Garza to a seat on the Court of Appeals vacated by Thomas Morrow Reavley
, and he was confirmed by the Senate on May 24, 1991, receiving his commission on May 30, 1991. Judge Garza will take senior status
August 1, 2012, and is relocating his chambers to Thousand Oaks, California.
Garza was mentioned as a potential nominee to the United States Supreme Court. In fact, he was interviewed in 1991 for the vacancy created by the retirement of Justice Thurgood Marshall
. That seat ultimately went to Justice Clarence Thomas
.
In 2010, Judge Garza joined Judges Edith Brown Clement
and Priscilla Owen
in affirming the dismissal of the complaint in Doe v. Silsbee Independent School District. The plaintiff ("H.S.") was a cheerleader who was ordered by her high school to cheer for her alleged rapist, a basketball player named Rakheem Bolton. H.S. refused and was kicked off the team. She sued, claiming a violation of her First Amendment
right to free speech. The Eastern District of Texas, Judge Thad Heartfield
, granted the school district's motion to dismiss, and Judges Clement, Garza, and Owen affirmed. H.S. was ordered to pay the school $45,000 in legal fees for filing a "frivolous" lawsuit.
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
.
Born in San Antonio
San Antonio, Texas
San Antonio is the seventh-largest city in the United States of America and the second-largest city within the state of Texas, with a population of 1.33 million. Located in the American Southwest and the south–central part of Texas, the city serves as the seat of Bexar County. In 2011,...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, Garza graduated from the University of Notre Dame
University of Notre Dame
The University of Notre Dame du Lac is a Catholic research university located in Notre Dame, an unincorporated community north of the city of South Bend, in St. Joseph County, Indiana, United States...
in 1969, receiving an MA there in 1970. He then joined the U.S. Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
, in which he was an officer from 1970-1973. Garza earned his Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
at The University of Texas School of Law
University of Texas School of Law
The University of Texas School of Law, also known as UT Law, is an ABA-certified American law school located on the University of Texas at Austin campus. The law school has been in operation since the founding of the University in 1883. It was one of only two schools at the University when it was...
in 1976. He was an attorney in private practice with the law firm of Clemens, Spencer, Welmaker & Fink in San Antonio between 1976 and 1986.
On February 2, 1988, President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
appointed Garza to the United States District Court for the Western District of Texas
United States District Court for the Western District of Texas
The United States District Court For the Western District Of Texas is a Federal district court. The court convenes in San Antonio with divisions in Austin, Del Rio, El Paso, Midland, Pecos, and Waco. It has jurisdiction in over 50 Trans-Pecos, Permian Basin and Hill Country counties of the U.S....
, to fill the seat vacated by William S. Sessions
William S. Sessions
William Steele Sessions is a civil servant who served as a judge and 4th Director of the Federal Bureau of Investigation...
. The U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
confirmed Garza's appointment on April 19, 1988, and Garza received his commission the following day. On April 11, 1991, President George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
nominated Garza to a seat on the Court of Appeals vacated by Thomas Morrow Reavley
Thomas Morrow Reavley
Thomas Morrow Reavley is a senior judge of the United States Court of Appeals for the Fifth Circuit.-Biography:Reavley was born in Quitman, Texas in 1921. He received his B.A. degree from University of Texas in 1942. After graduation, he joined the US Navy from 1942 to 1946...
, and he was confirmed by the Senate on May 24, 1991, receiving his commission on May 30, 1991. Judge Garza will take senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
August 1, 2012, and is relocating his chambers to Thousand Oaks, California.
Garza was mentioned as a potential nominee to the United States Supreme Court. In fact, he was interviewed in 1991 for the vacancy created by the retirement of Justice Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
. That seat ultimately went to Justice Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
.
Notable opinions
- Special concurrence in Fisher v. University of Texas, 2011 U.S. App. LEXIS 897 (5th Cir. 2011)
- Dissenting from denial of rehearing en banc in Reliable Consultants, Inc. v. Earle, 538 F.3d 355 (5th Cir. 2008)
- Majority opinion in Comacho v. Texas Workforce Commission, 2005 WL 995675 (5th Cir. Apr. 29, 2005)
- Majority opinion in U.S. v. Bird, 401 F.3d 633 (5th Cir. 2005)
- Majority opinion in Wallace v. County of Comal, 400 F.3d 284 (5th Cir. 2005)
- Majority opinion in Sierra Club v. Peterson, 228 F.3d 559 (5th Cir. 2000) (en banc)
- Majority opinion in Atwater v. City of Lago VistaAtwater v. City of Lago VistaAtwater v. Lago Vista, , was a United States Supreme Court decision which held that a person's Fourth Amendment rights are not violated when the subject is arrested for driving without a seatbelt...
, 195 F.3d 242 (5th Cir. 1999) (en banc) - Majority opinion in United States v. Navarro, 169 F.3d 228 (5th Cir. 1999)
- Majority opinion in United States v. Castillo, 179 F.3d 321 (5th Cir. 1999)
- Special concurrence in Flores v. Johnson, 210 F.3d 456 (2000)
- Special concurrence in Causeway Med. Suites v. Ieyoub, 109 F.3d 1096 (5th Cir. 1997)
- Concurring opinion Doe v. Hillsboro Independent School District, 113 F.3d 1412 (5th Cir. 1997)(en banc)
In 2010, Judge Garza joined Judges Edith Brown Clement
Edith Brown Clement
Edith "Joy" Brown Clement is a federal judge on the United States Court of Appeals for the Fifth Circuit.- Background :...
and Priscilla Owen
Priscilla Owen
Priscilla Richman Owen is a federal judge on the United States Court of Appeals for the Fifth Circuit. She was previously a Justice on the Texas Supreme Court.-Early life:...
in affirming the dismissal of the complaint in Doe v. Silsbee Independent School District. The plaintiff ("H.S.") was a cheerleader who was ordered by her high school to cheer for her alleged rapist, a basketball player named Rakheem Bolton. H.S. refused and was kicked off the team. She sued, claiming a violation of her First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
right to free speech. The Eastern District of Texas, Judge Thad Heartfield
Thad Heartfield
Thad Heartfield is a district judge for the United States District Court for the Eastern District of Texas in Beaumont, Texas. He was nominated by President Bill Clinton on January 11, 1995, confirmed by the U.S. Senate on March 17, 1995 and received his commission on March 17, 1995. He served...
, granted the school district's motion to dismiss, and Judges Clement, Garza, and Owen affirmed. H.S. was ordered to pay the school $45,000 in legal fees for filing a "frivolous" lawsuit.
See also
- George H. W. Bush Supreme Court candidatesGeorge H. W. Bush Supreme Court candidatesSpeculation abounded over potential nominations to the Supreme Court of the United States by George H. W. Bush even before his presidency officially began, given the advanced ages of several justices....
- George W. Bush Supreme Court candidates