Cory T. Wilson Explained

Cory T. Wilson
Office:Judge of the United States Court of Appeals for the Fifth Circuit
Appointer:Donald Trump
Term Start:July 3, 2020
Predecessor:E. Grady Jolly
Office1:Judge of the Mississippi Court of Appeals
Appointer1:Phil Bryant
Term Start1:February 15, 2019
Term End1:July 3, 2020
Predecessor1:Kenny Griffis
Successor1:John H. Emfinger
State House2:Mississippi
District2:73rd
Term Start2:January 5, 2016
Term End2:February 14, 2019
Predecessor2:Brad Oberhousen[1]
Successor2:Jill Ford
Birth Date:8 August 1970
Birth Place:Pascagoula, Mississippi, U.S.
Education:University of Mississippi (BBA)
Yale University (JD)
Party:Republican

Cory Todd Wilson (born August 8, 1970)[2] is an American attorney and jurist serving as a U.S. circuit judge of the U.S. Court of Appeals for the Fifth Circuit. He was appointed by President Donald Trump in 2020. A member of the Republican Party, Wilson was previously a judge on the Mississippi Court of Appeals and a member of the Mississippi House of Representatives.

Early life and education

Wilson was born in 1970 in Pascagoula, Mississippi. He graduated from the University of Mississippi in 1992 with a Bachelor of Business Administration, summa cum laude, and also received the Taylor Medal in Economics, awarded to the top student in the department.[3] He then attended Yale Law School, where he was a member of the Yale Law Journal and an Olin Fellow in Economics.[3] He graduated in 1995 with a Juris Doctor.[4]

Legal and legislative career

Upon graduation from law school, Wilson served as a law clerk to Judge Emmett Ripley Cox of the United States Court of Appeals for the Eleventh Circuit. He also served as a White House Fellow in the Department of Defense as a Special Assistant to Secretary of Defense Donald Rumsfeld. Before serving in the Mississippi legislature, Wilson served as Senior Advisor and Counsel in the Mississippi State Treasurer's Office and as Deputy Secretary of State in the Mississippi Secretary of State's Office.

Wilson has been an intermittent member of the Federalist Society, including while at Yale Law School from 1992 to 1995, and then joining the Mississippi chapter from 1996 to 2005 and again since 2019.[5]

Mississippi House of Representatives

Wilson served as a member of the Mississippi House of Representatives from 2016 to 2019.

Judicial career

State judicial service

In December 2018, Wilson was appointed to the Mississippi Court of Appeals to the seat vacated by Kenny Griffis, who was elevated to the Mississippi Supreme Court.[6] He was sworn into office on February 15, 2019.[7] His service as a state judge ended on July 2, 2020, when he was elevated as a Circuit Judge to the Fifth Circuit Court.

Federal judicial service

Withdrawn nomination to district court

On August 28, 2019, President Donald Trump announced his intent to nominate Wilson to serve as a United States district judge for the United States District Court for the Southern District of Mississippi. On October 15, his nomination was sent to the Senate. President Trump nominated Wilson to the seat vacated by Judge Louis Guirola Jr., who assumed senior status on March 23, 2018.[8] On January 3, 2020, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate.[9] On January 6, 2020, his renomination was sent to the Senate.[10] On January 8, 2020, the Senate Judiciary Committee held a hearing on his nomination.[11] During his confirmation hearing, some senators asked about Wilson's past comments on social media about President Barack Obama, Hillary Clinton and Alexandria Ocasio-Cortez, as well as his previous positions, as a state legislator, on abortion, LGBT rights, the Affordable Care Act,[12] [13] and voting rights.[14] His district-court nomination—which stalled as the first impeachment trial of President Trump was consuming the Senate and as the COVID-19 pandemic was beginning[15] —was withdrawn on May 4, 2020, when he was nominated to the Fifth Circuit.

Court of appeals service

On March 30, 2020, President Donald Trump announced his intent to nominate Wilson to serve as a United States circuit judge for the United States Court of Appeals for the Fifth Circuit, to fill the seat vacated by Judge E. Grady Jolly, who assumed senior status on October 3, 2017.[16] On May 4, 2020, his nomination was sent to the Senate. On May 18, 2020, the American Bar Association rated Wilson as "well qualified," its highest rating.[17] On May 20, 2020, the Senate Judiciary Committee held a hearing on Wilson's nomination.[18] On June 11, 2020, Wilson's nomination was reported out of committee by a 12–10 vote.[19] [20] On June 22, 2020, the Senate invoked cloture on Wilson's nomination by a 51–43 vote.[21] On June 24, 2020, Wilson's nomination was confirmed by a 52–48 vote.[22] Wilson's confirmation marked the 200th confirmation of a federal judge nominated by Donald Trump.[23] [24] Wilson was the sixth judge nominated by Trump to be confirmed to the Fifth Circuit. Wilson received his judicial commission on July 3, 2020.

In October 2022, with Wilson writing for a unanimous panel, the Fifth Circuit held that "Congress’s cession of its power of the purse to the [Consumer Financial Protection] Bureau violates the Appropriations Clause and the Constitution’s underlying structural separation of powers."[25]

In February 2023, with Wilson again writing for a unanimous panel, the Fifth Circuit held that—though the federal statute that prohibits the possession of firearms by people subject to domestic-violence restraining orders (after civil, rather than criminal, proceedings) "embodies salutary policy goals meant to protect vulnerable people in our society"—the statute is unconstitutional in light of the Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen.[26]

In March 2024, with Wilson writing for a panel unanimous in the judgment, the Fifth Circuit held that “the EPA exceeded its statutory authority” in ordering a company “that has been fluorinating plastic containers using the same process since 1983” to stop manufacturing or processing long-chain perfluoroalkyls (PFAS), potentially dangerous chemicals that some call “forever chemicals.” Wilson explained that the court’s ruling did “not render the EPA powerless to regulate [the company]’s fluorination process,” but merely prevented the agency from “skirt[ing] the framework set by Congress by arbitrarily deeming [the company]’s decades-old fluorination process a ‘significant new use.’”[27]

See also

External links

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Notes and References

  1. Web site: Our Campaigns – MS State House 073 Race – Nov 03, 2015.
  2. Web site: Our Campaigns – Candidate – Cory T. Wilson.
  3. Web site: 2020-03-31 . Who is Cory Wilson? . 2022-09-25 . National Review . en-US . September 25, 2022 . https://web.archive.org/web/20220925065312/https://www.nationalreview.com/bench-memos/who-is-cory-wilson/ . live .
  4. Web site: President Donald J. Trump Announces Judicial Nominees and United States Marshal Nominee. National Archives. whitehouse.gov. March 2, 2021. January 20, 2021. https://web.archive.org/web/20210120202213/https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-judicial-nominees-united-states-marshal-nominee-4/. live.
  5. Web site: United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Cory Wilson. January 8, 2020. February 24, 2020. https://web.archive.org/web/20200224193759/https://www.judiciary.senate.gov/imo/media/doc/Cory%20Wilson%20SJQ%20-%20PUBLIC.pdf. live.
  6. Web site: Cory T. Wilson appointed to Mississippi Court of Appeals . December 19, 2018 . WTVA News . en . August 29, 2019 . August 29, 2019 . https://web.archive.org/web/20190829020959/https://www.wtva.com/content/news/Cory-T-Wilson-appointed-to-Mississippi-Court-of-Appeal--503162321.html . dead .
  7. Web site: Court of Appeals Judge Cory Wilson to take oath Feb. 15 . courts.ms.gov . State of Mississippi Judiciary . August 29, 2019 . August 29, 2019 . https://web.archive.org/web/20190829020958/https://courts.ms.gov/news/2019/02.11.19COA%252520Cory%252520Wilson.php . live .
  8. Web site: Twenty-five Nominations and Three Withdrawals Sent to the Senate. National Archives. whitehouse.gov. March 2, 2021. January 20, 2021. https://web.archive.org/web/20210120202049/https://trumpwhitehouse.archives.gov/presidential-actions/twenty-five-nominations-three-withdrawals-sent-senate/. live.
  9. Web site: PN1176 – Nomination of Cory T. Wilson for The Judiciary, 116th Congress (2019–2020) . January 3, 2020 . www.congress.gov . January 4, 2020 . January 1, 2020 . https://web.archive.org/web/20200101132712/https://www.congress.gov/nomination/116th-congress/1176 . live .
  10. Web site: Twenty-one Nominations Sent to the Senate. National Archives. whitehouse.gov. March 2, 2021. January 20, 2021. https://web.archive.org/web/20210120201945/https://trumpwhitehouse.archives.gov/presidential-actions/twenty-one-nominations-sent-senate/. live.
  11. Web site: Nominations | United States Senate Committee on the Judiciary. www.judiciary.senate.gov. January 8, 2020. January 7, 2020. February 18, 2021. https://web.archive.org/web/20210218212354/https://www.judiciary.senate.gov/meetings/01/08/2020/nominations. live.
  12. Web site: Judge Pick Would Ax Tweets on Clinton, Obama, if Confirmed (1) . January 8, 2020 . news.bloomberglaw.com . en . February 24, 2020 . February 24, 2020 . https://web.archive.org/web/20200224193756/https://news.bloomberglaw.com/us-law-week/trump-court-pick-would-ax-tweets-on-clintons-obama-if-confirmed . live .
  13. Web site: Mississippi Judicial Pick Grilled Over Record as Lawmaker . Ryan . Tim . January 8, 2020 . en-US . February 24, 2020 . February 24, 2020 . https://web.archive.org/web/20200224193755/https://www.courthousenews.com/mississippi-judicial-pick-grilled-over-record-as-lawmaker/ . live .
  14. Web site: Trump is elevating judges who could gut the Voting Rights Act . Nazaryan . Alexander . February 12, 2020 . news.yahoo.com . en-US . February 24, 2020 . February 24, 2020 . https://web.archive.org/web/20200224190801/https://news.yahoo.com/trump-is-elevating-judges-who-could-gut-the-voting-rights-act-185115809.html . live .
  15. Web site: Meet the Fifth Circuit's New Judge, The Mississippi Lawyer, Fall 2021. March 29, 2023. July 3, 2022. https://web.archive.org/web/20220703124545/https://www.msbar.org/MS_Lawyer/Fall%202021/index.html#p=14. live.
  16. Web site: Thirty Nominations and One Withdrawal Sent to the Senate. National Archives. whitehouse.gov. March 2, 2021. January 20, 2021. https://web.archive.org/web/20210120201954/https://trumpwhitehouse.archives.gov/presidential-actions/thirty-nominations-one-withdrawal-sent-senate/. live.
  17. Web site: Ratings of Article III and Article IV Judicial Nominees . https://web.archive.org/web/20210201171200/https://www.americanbar.org/content/dam/aba/administrative/government_affairs_office/webratingchart-trump116.pdf . February 1, 2021 . live.
  18. Web site: Nominations | United States Senate Committee on the Judiciary. Wilson Responses to Questions for the. Record. www.judiciary.senate.gov. May 20, 2020. May 19, 2020. May 26, 2020. https://web.archive.org/web/20200526213250/https://www.judiciary.senate.gov/meetings/05/20/2020/nominations. live.
  19. Web site: Daly. Matthew. Press. Associated. 2020-06-11. Senate panel advances Mississippi appeals court nominee. Houston Chronicle. June 12, 2020. June 14, 2020. https://web.archive.org/web/20200614020820/https://www.chron.com/news/article/Senate-panel-advances-Mississippi-appeals-court-15333341.php. live.
  20. Web site: Results of Executive Business Meeting – June 11, 2020, Senate Judiciary Committee. June 21, 2020. June 23, 2020. https://web.archive.org/web/20200623145627/https://www.judiciary.senate.gov/imo/media/doc/Results%20of%20Executive%20Business%20Meeting%20June%2011%2020201.pdf. live.
  21. Web site: On the Cloture Motion (Motion to Invoke Cloture: Cory T. Wilson to be United States Circuit Judge for the Fifth Circuit). June 22, 2020. United States Senate. 2020-06-22. October 10, 2022. https://web.archive.org/web/20221010034621/https://www.senate.gov/legislative/LIS/roll_call_votes/vote1162/vote_116_2_00124.htm. live.
  22. Web site: On the Nomination (Confirmation: Cory T. Wilson, of Mississippi to be U.S. Circuit Judge for the Fifth Circuit). June 24, 2020. United States Senate. 2020-06-24. February 15, 2021. https://web.archive.org/web/20210215224717/https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=2&vote=00125. live.
  23. Web site: Trump's 200th Judge Will Mean Decades of Fighting for Our Rights. 2020-06-24. Rewire.News. June 24, 2020. en. June 26, 2020. https://web.archive.org/web/20200626030506/https://rewire.news/article/2020/06/24/trumps-200th-judge/. live.
  24. News: Hulse. Carl. 2020-06-24. With Wilson Confirmation, Trump and Senate Republicans Achieve a Milestone. en-US. The New York Times. 2020-06-24. 0362-4331. December 21, 2020. https://web.archive.org/web/20201221073847/https://www.nytimes.com/2020/06/24/us/trump-senate-judges-wilson.html. live.
  25. Web site: Community Financial Services Association of America, Limited; Consumer Service Alliance of Texas versus Consumer Financial Protection Bureau; Rohit Chopra . June 30, 2023 . June 30, 2023 . https://web.archive.org/web/20230630163609/https://www.ca5.uscourts.gov/opinions/pub/21/21-50826-CV0.pdf . live .
  26. Web site: United States of America versus Zackey Rahimi . June 30, 2023 . June 19, 2023 . https://web.archive.org/web/20230619111312/https://www.ca5.uscourts.gov/opinions/pub/21/21-11001-CR2.pdf . live .
  27. Web site: Inhance Technologies v. EPA.

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