Trump to appoint new Mississippi judge
Longtime U.S. 5th Circuit Court of Appeals Judge Grady Jolly has notified President Trump he plans to retire on his 80th birthday in October, setting up the Trump administration's first judicial appointment for Mississippi.
In a letter dated March 1, Jolly informed The White House of his intent to vacate his seat on Oct. 3. Jolly confirmed the letter to The Clarion-Ledger Friday morning, but said he has no further comment at this time.
"It is a cherished privilege to have served as a U.S. Court of Appeals judge, and I am grateful to President Ronald Reagan for having given me this rare opportunity," Jolly wrote.
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Jolly, a native of Louisville, was appointed to the 5th Circuit by Reagan in 1982. He had served as an assistant U.S. attorney for the Northern District of Mississippi from 1964 to 1967 and then as a lawyer for the tax division of the Department of Justice until he entered private practice in Jackson in 1969. Reagan appointed Jolly to fill the seat vacated by J.P. Coleman
“President Reagan certainly made the right decision when he appointed Judge Jolly to the 5th Circuit Court of Appeals," said Gov. Phil Bryant in a statement. "I am grateful to Judge Jolly for his service and wish him well upon his well-deserved retirement.”
“He’s seen the whole sweep of legal history,” said Mississippi College Law Professor Matt Steffey. Steffey explained that Jolly’s tenure began during an active era of voting rights litigation and school desegregation orders.
Four years after his commission, Jolly said in an opinion that a Louisiana law requiring that creationism be taught alongside evolution in public schools violated The Establishment Clause.
More recently in 2014, Jolly wrote in the majority opinion in the case of Currier v. Jackson Women’s Health Organization, that a Mississippi law placing restrictions on the state’s only abortion clinic — and would likely result in its closure — placed an undue burden on women seeking an abortion in the state. The court upheld a preliminary injunction which stopped the law from going into effect.
Trump will also soon be appointing two U.S. attorneys for Mississippi. The names most often mentioned by Mississippi political observers as likely appointments for either U.S. attorney positions or any openings on the federal bench have included:
- Mike Hurst, a former assistant U.S. attorney who prosecuted high-profile government corruption cases and made an unsuccessful but noteworthy run for attorney general in 2015.
- State Supreme Court Justice James D. Maxwell, a former state Court of Appeals justice and former assistant U.S. attorney appointed to the state high court last year by Bryant to fill the seat vacated by former Justice David Chandler.
- State Court of Appeals Justice Jack Wilson, appointed to the court by Bryant in 2015, then elected to an eight-year term in November.
- Federal District Judge Dan Jordan, from the federal Southern District, appointed by George W. Bush in 2006.
An open federal judgeship will likely draw many wanting the post. Sens. Thad Cochran and Roger Wicker will make recommendations to the president, and the full Senate must confirm Trump's pick.
“Judge Jolly has served Mississippi and our nation with honor and distinction," said Cochran in a statement. "Recommending a judicial nominee to the president is a privilege I take seriously, and I will continue to follow the advice and consent role granted to the U.S. Senate by the Constitution.”
Wicker praised Jolly for his "positive influence on the judicial system by faithfully upholding the Constitution."
"Judge Jolly exemplifies the best in our American system of justice," Wicker said. "... I look forward to working with Sen. Cochran and President Trump to find someone equally talented and steadfast to fill the enormous hole that Judge Jolly will leave behind."
It is expected that Bryant, who is close to Trump and his administration, will have a big say in any Mississippi federal appointments.
Contact Bracey Harris at 601-961-7248 or bharris2@gannett.com . Follow her on Twitter .