Some Themes from Judge Rhesa H. Barksdale’s Published Opinions

Abstract

On the occasion of Judge Rhesa Barksdale's taking senior status on the Fifth Circuit, I review some themes in his published opinions. Judge Barksdale has not articulated a judicial philosophy in so many words, and his approach to judging is displayed less in explicit theorizing or philosophizing than in the patterns that emerge out of the myriad issues and cases with which he has dealt in his time on the Fifth Circuit. I cover his concern for the use and abuse of the court system, his largely-textualist approach to interpretation, and his approach to constitutional issues.

Keywords: Rhesa H. Barksdale, Use and Abuse of Courts, Textualism