Jacques Loeb Wiener Jr. (born October 2, 1934) is a Senior United States Federal Judge of the United States Court of Appeals, Fifth Circuit in

New Orleans New Orleans ( , ,New Orleans

Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...

Education and career

Wiener graduated from

Tulane University Tulane University, officially the Tulane University of Louisiana, is a private research university in New Orleans, Louisiana. Founded as the Medical College of Louisiana in 1834 by seven young medical doctors, it turned into a comprehensive pub ...

with a

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four year ...

degree in 1956. After serving as an officer in the

United States Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...

, he attended

Tulane University Law School Tulane University Law School is the law school of Tulane University. It is located on Tulane's Uptown campus in New Orleans, Louisiana. Established in 1847, it is the 12th oldest law school in the United States. In addition to the usual common ...

, where he was editor in chief of the law review. Wiener received his Juris Doctor in 1961, graduating first in his class. He then entered private practice in Shreveport, specializing in estates, trusts, and taxation.

Federal judicial service

Wiener was nominated by President George H. W. Bush on November 17, 1989, to a seat on the

United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...

that had been vacated by Judge Robert Madden Hill. He was confirmed by the United States Senate, members of the

101st United States Congress The 101st United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1989 ...

, on March 9, 1990, and received commission on March 12, 1990. He assumed

senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...

on September 30, 2010.

Notable cases

On August 9, 2019, Wiener joined an opinion written by James L. Dennis that held the

Indian Child Welfare Act The Indian Child Welfare Act of 1978 (ICWA) ((), codified at Indian Child Welfare Act, (, )) is a United States federal law that governs jurisdiction over the removal of American Indian children from their families in custody, foster care and ...

(ICWA) is constitutional. This ruling was affirmed in part and reversed in part when the 5th circuit went en banc. Wiener was part of the en banc panel and dissented from the parts that struck down portions of the ICWA. On December 21, 2020, and again on September 9, 2021 (en banc), Wiener dissented when the 5th Circuit ruled that an oil company supervisor already making $200,000 a year was entitled to overtime pay. Wiener stated "Frankly, I cannot fathom how a majority of the active judges of this court can vote to require Helix to pay overtime to Hewitt, the supervisor of 12 to 13 hourly, hands-on workers, when he was already paid more than twice the cap of $100,000 per annum for overtime eligibility. And, if that is not incomprehensible enough, keep in mind that Hewitt worked for Helix no more than half of the days during the calendar years at issue!" Wiener's dissent in the en banc case was joined by four other judges. The Supreme Court affirmed the majority's decision by a vote of 6–3 in '' Helix Energy Solutions Group, Inc. v. Hewitt''.

References

External links

* 1934 births 20th-century American judges C. E. Byrd High School alumni Judges of the United States Court of Appeals for the Fifth Circuit Living people People from Shreveport, Louisiana Tulane University Law School alumni United States court of appeals judges appointed by George H. W. Bush United States Navy officers {{US-federal-judge-stub