Judge Andrew Oldham, Fifth Circuit U.S. Court of Appeals

Judge Andrew Oldham 

Fifth Circuit U.S. Court of Appeals

Andrew Stephen Oldham was born in 1978 in Richmond, Virginia. He earned an undergraduate degree from the University of Virginia, received a Master of Philosophy from the University of Cambridge, and earned a Juris Doctor from Harvard Law School. He clerked at the U.S. Court of Appeals for the District of Columbia. 

Oldham worked as an attorney-adviser in the U.S. Department of Justice’s Office of Legal Counsel during the George W. Bush administration. He then clerked for Justice Samuel Alito at the U.S. Supreme Court. He served in the Office of the Solicitor General of Texas as Deputy Solicitor General, then entered into private practice. He has been an adjunct professor at the University of Texas School of Law. 

President Donald Trump nominated Oldham to a seat on the United States Court of Appeals for the Fifth Circuit. After a cloture vote, his nomination was narrowly confirmed by the Senate. He received his commission in July 2018. 

In the News…

The Fifth Circuit Court of Appeals has released a decision on the question of who has oversight of the National Guard—the federal government or the state. The case involved the “shaping” of the Guard and the discipline of Guardsmen. 

At the district court level, control of the guard was said to belong to the federal government. However, the Fifth Circuit vacated the district court decisions. 

In the 12-page opinion of the court, Judge Andrew Oldham wrote, “The President of the United States asserts the power to punish members of the Texas National Guard who have not been called into national service. The Constitution and laws of the United States, however, deny him that power.” 

The federal government argued that federal law gives it options for punishing non-federalized Guardsmen. Judge Oldham said such laws are unconstitutional. “Regardless of whether the Government’s reading of these statutes is correct, the Constitution forbids President Biden from bypassing the States, stepping into Governor Abbott’s shoes, and directly governing Texas’s non-federalized militiamen.” 

The federal government is likely to appeal the decision to the Supreme Court. 

Contact this Leader…

Did you pray for Judge Oldham today? You can let him know at:

The Honorable Andrew Oldham 
Fifth Circuit U.S. Court of Appeals 
600 Camp Street 
New Orleans, LA 70130 


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