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Emilio Miller Garza

Assumed office 
Nominated by George H. W. Bush
Preceded by Thomas Morrow Reavley

Born August 1, 1947 (1947-08-01) (age 62)
San Antonio, Texas
Alma mater University of Notre Dame
University of Texas School of Law

Emilio Miller Garza (born August 1, 1947) 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.

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.

Notable opinions

  • 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 Vista, 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)

See also

External links

Legal offices
Preceded by
William S. Sessions
Judge of the U.S. District Court for the Western District of Texas
April 20, 1988 – June 7, 1991
Succeeded by
Orlando Luis Garcia
Preceded by
Thomas Morrow Reavley
Judge of the U.S. Court of Appeals for the Fifth Circuit
May 30, 1991 – Present
Succeeded by


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