One of New Orleans' most prominent federal judges is stepping back, and that move is about to open a coveted seat on one of the country’s most closely watched courts.
Judge Kurt D. Engelhardt has told court officials he will take senior status at the end of 2026 or once a successor is confirmed, creating a New Orleans-based vacancy on the 5th U.S. Circuit Court of Appeals. His decision gives President Donald Trump another opportunity to shape the appellate bench on a court that has sat at the center of headline-making battles over abortion, guns and the reach of federal power.
Engelhardt, 66, informed circuit clerk Lyle W. Cayce in a letter that he intends to continue providing “substantial judicial service” as a senior judge. As reported by Reuters, this will be the first vacancy of the president’s second term on the 5th Circuit.
About Judge Engelhardt
Engelhardt joined the 5th Circuit in May 2018 after serving nearly two decades on the federal trial bench. He was first appointed in 2001 to the U.S. District Court for the Eastern District of Louisiana. The Federal Judicial Center biographical directory details his confirmation dates and earlier service, highlighting his long-standing ties to the New Orleans federal judiciary.
Notable rulings that put the court in the spotlight
Engelhardt has authored opinions in several cases that drew national attention and high court review. A 5th Circuit panel ruling that touched off a high-profile fight over so-called “ghost guns” later went before the U.S. Supreme Court. SCOTUSblog recounts how the justices ultimately upheld federal regulation in a 7-2 decision.
He also wrote a 2024 opinion limiting federal EMTALA guidance on emergency abortions in Texas. Reporting by The Guardian tracks how that ruling fed into broader legal and political fights over abortion access.
Why the vacancy matters
The 5th Circuit hears appeals from Louisiana, Mississippi and Texas, according to the court’s own website. Reuters notes that 12 of the court’s 17 judges were appointed by Republican presidents, including six appointed by Mr. Trump. That makes this New Orleans seat a particularly strategic opening for the White House.
How the seat gets filled
Once a judge assumes senior status, the president can nominate a full-time successor, who then must be confirmed by the Senate. Congressional Research Service background materials lay out the nomination, vetting and confirmation steps in detail on Congress.gov. In practice, home-state senators often have an informal say in suggesting candidates for both circuit and district court seats, and the White House typically starts quietly vetting prospects as soon as a vacancy is on the horizon.
With Engelhardt’s plans now public, expect behind-the-scenes jockeying to begin in earnest. The White House and Senate are likely to move quickly to sort through potential nominees, while Louisiana political and legal players line up behind their preferred contenders for the New Orleans-based seat. This story will be updated as names surface and any confirmation hearings are set.
