Stephen Andrew Higginson

Stephen Andrew Higginson (born April 12, 1961) is an American jurist who has served as a circuit judge on the United States Court of Appeals for the Fifth Circuit since 2011. In addition to his appellate duties, he holds the position of Presiding Judge of the United States Foreign Intelligence Surveillance Court of Review. His career spans private practice, federal prosecution, academia, and service on both trial‑level and appellate courts.

Early life and legal career

Stephen Higginson was born in Boston, Massachusetts, in 1961. He completed his secondary education at the Groton School, graduating in 1979. He then attended Harvard University, where he pursued a double major in government and English literature, earning a Bachelor of Arts summa cum laude in 1983. Following his undergraduate work, Higginson earned a Master of Philosophy from the University of Cambridge in 1984.

He returned to the United States for legal studies at Yale Law School. While there, he served as editor‑in‑chief of The Yale Law Journal, an indication of his academic distinction. He received his Juris Doctor in 1987.

After law school, Higginson began a series of prestigious clerkships. He first clerked for Chief Judge Patricia Wald of the United States Court of Appeals for the District of Columbia Circuit from 1987 to 1988. The following year he served as a clerk for Justice Byron White of the United States Supreme Court.

Upon completing his clerkships, Higginson entered federal prosecution. He joined the criminal section of the United States Attorney’s Office for the District of Massachusetts as an assistant United States attorney. In 1993 he transferred to the Eastern District of Louisiana, where he continued prosecutorial work and was appointed chief of appeals in 1995. From 2004 through 2011 he maintained a part‑time role as a prosecutor while supervising the appellate section of that office.

Parallel to his prosecutorial duties, Higginson embarked on an academic career. In 2004 he became a full‑time faculty member at Loyola University New Orleans College of Law. His teaching portfolio included criminal procedure, constitutional law, and evidence. He has also contributed to legal scholarship through articles published in journals such as the Yale Law Journal, Florida Law Review, and Loyola Law Review. Higginson is an elected member of the American Law Institute, reflecting his involvement in the development of legal principles.

Federal appellate service

President Barack Obama announced his intent to nominate Higginson to the Fifth Circuit on May 5, 2011, and formally submitted the nomination to the Senate on May 9. The recommendation for the vacancy had originated with Senator Mary Landrieu in November 2010. The United States Senate confirmed Higginson by a unanimous vote of 88–0 on October 31, 2011. He received his commission two days later, on November 2, and filled the seat previously occupied by Judge Jacques L. Wiener Jr., who had taken senior status in 2010.

Since joining the Fifth Circuit, Judge Higginson has participated in a broad range of civil and criminal appeals arising from Texas, Louisiana, and Mississippi. In February 2021 Chief Justice John Roberts appointed him to the United States Foreign Intelligence Surveillance Court of Review, where he serves as Presiding Judge overseeing appellate review of surveillance orders issued under the Foreign Intelligence Surveillance Act.

Judge Higginson’s personal life is rooted in New Orleans, where he resides with his wife, Collette Creppell, who holds a senior administrative position at Chapman University. The couple has three children.

Jurisprudence and legacy

During his tenure on the Fifth Circuit, Judge Higginson has authored opinions that illustrate his approach to statutory interpretation, procedural due process, and constitutional analysis. In June 2017 he wrote the majority opinion in *Plummer v. University of Houston*, a case concerning the university’s disciplinary actions following a campus sexual assault. The panel affirmed the lower court’s determination that the institution did not violate the Due Process Clause or Title IX by expelling both the alleged perpetrator and a student who recorded and disseminated video of the incident.

Judge Higginson also contributed to the circuit’s deliberations on abortion regulation. On April 26, 2022 he filed a dissenting opinion when the Fifth Circuit declined to entertain further challenges to Texas Senate Bill 8, which bans most abortions after six weeks of gestation and authorizes private civil actions against individuals who facilitate such procedures. While agreeing with the majority’s assessment of the case, Higginson argued that, in light of a contemporaneous Supreme Court decision, the matter should be remanded for further consideration.

Beyond specific cases, Judge Higginson’s scholarly writings have informed his judicial perspective. His 1986 Yale Law Journal article examined the historical development of the right to petition government for redress of grievances, while later pieces in the Florida Law Review and Loyola Law Review addressed the relationship between constitutional advocacy and outcomes, as well as challenges inherent in criminal‑justice rulemaking.

Judge Higginson’s combined experience as a federal prosecutor, law professor, and appellate jurist contributes to a multifaceted understanding of both substantive and procedural law. His service on the Foreign Intelligence Surveillance Court of Review adds a national security dimension to his judicial portfolio, positioning him at the intersection of privacy rights and governmental investigative powers.

Overall, Stephen Andrew Higginson’s career reflects a trajectory that moves from rigorous academic achievement through practical prosecutorial work to influential appellate decision‑making. While still an active member of the Fifth Circuit, his opinions and scholarly contributions continue to shape legal discourse within the circuit and beyond.