On May 5, 2011, President
Barack Obama announced his intent to nominate Higginson to a seat on the
United States Court of Appeals for the Fifth Circuit and submitted the nomination to the Senate on May 9. The Senate confirmed Higginson's nomination by an 88–0 vote on October 31, 2011. Higginson received his commission on November 2, 2011, In June 2017, Higginson authored the majority opinion in
Plummer v. University of Houston, in which the Fifth Circuit affirmed a lower court ruling that a university did not violate the
Due Process Clause or
Title IX when it expelled a student for committing a
campus sexual assault, as well as his girlfriend, who had recorded the assault and shared the video on social media. On April 26, 2022, Higginson dissented when the 5th Circuit officially rejected challenges to
Texas SB 8, a
law banning abortion within the state after six weeks
gestational age and allows private individuals, or "bounty hunters", to sue anyone who performed or helped a woman get an abortion after six weeks. Judge Higginson agreed with the majority opinion, but, in light of a Supreme Court determination, would remand the case. ==Personal==