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Jerry Edwin Smith

Jerry Smith
Judge Jerry Edwin Smith.jpg
Judge of the United States Court of Appeals for the Fifth Circuit
Assumed office
December 21, 1987
Appointed by Ronald Reagan
Preceded by Seat established
Personal details
Born (1946-11-07) November 7, 1946 (age 70)
Del Rio, Texas, U.S.
Education Yale University (BA, JD)

Jerry Edwin Smith (born November 7, 1946) is a judge on the United States Court of Appeals for the Fifth Circuit. He was nominated by President Ronald Reagan on June 2, 1987 and confirmed by the Senate on December 19, 1987. Smith received his commission for the seat two days later.

Smith attended Yale University and Yale Law School, earning his bachelor's degree in 1969 and his J.D. in 1972. After law school, he clerked for Judge Halbert O. Woodward on the United States District Court for the Northern District of Texas.

Smith later served as the director of the Harris County Housing Authority (1978–1980), Special Assistant Attorney General of Texas (1981–1982), chairman of the Houston Civil Service Commission (1982–1984), and the City Attorney for Houston, Texas (1984–1987).

Smith wrote the majority opinion in Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996), in which the Fifth Circuit struck down the use of affirmative action in admissions at the University of Texas School of Law. Seven years later, the decision was abrogated by the U.S. Supreme Court's decision in Grutter v. Bollinger, 539 U.S. 306 (2003).

In Corrosion Proof Fittings v. EPA, 947 F.2d 1201 (5th Cir. 1991), Judge Smith wrote the panel opinion that required the United States Environmental Protection Agency to use cost-benefit analysis when deciding whether to ban a toxic substance.


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