E. Grady Jolly, a federal judge who served for 35 years on the U.S. Court of Appeals for the Fifth Circuit, died Monday. He was 88.
Nominated by President Ronald Reagan in 1982, Jolly handled cases from Mississippi, Louisiana, and Texas. He was regarded as a conservative judge who adhered to existing law and Supreme Court precedents.
In 1986, Jolly authored the majority opinion that struck down Louisiana’s law requiring schools to teach creationism. The Supreme Court affirmed the decision in Edwards v. Aguillard. In 2014, he wrote another majority opinion ruling Mississippi’s law requiring abortion providers to obtain hospital admitting privileges unconstitutional. The law aimed to shut down the state’s only abortion clinic, and the U.S. Supreme Court allowed the ruling to stand in 2016.
Jolly, a native of Louisville, Mississippi, was recommended to the Fifth Circuit by then-Senator Thad Cochran. He took senior status in 2017, stepping back from full-time duties. Cochran praised Jolly’s tenure, recalling the judge’s education, philosophy, and experience as exemplary. The two became close friends at the University of Mississippi, where they earned their undergraduate and law degrees.
Before joining the court, Jolly worked as an assistant U.S. attorney in the Northern District of Mississippi and as a trial attorney in the Justice Department’s tax division. He was also a private attorney in Jackson. During his swearing-in, Jolly emphasized humility in his judicial role, saying, “Our powers may seem near that sometimes, but our wisdom falls far short.”
Recounting the nomination process, Cochran joked that he had to persuade Reagan to nominate Jolly, who was confirmed without opposition. In 2018, Jolly spoke at the dedication of Jackson’s federal courthouse, named after Cochran. Cochran died less than a year later.
Sen. Roger Wicker called Jolly an “outstanding and respected jurist” and praised his dedication to the Constitution and the rule of law. Wicker added that Jolly was known for his quick wit and sharp mind. Law clerks remembered Jolly’s sense of humor, including a story about his fondness for Johnny Cash, which he humorously linked to a famous Cash lyric.
In a 2017 tribute, Cochran described Jolly as a “Renaissance man” with a sharp wit and contagious humor, leaving a lasting legacy on the federal bench and his home state of Mississippi.
