

Elbert Grady Jolly Jr.
Senior United States Circuit Judge
Elbert Grady Jolly Jr., a distinguished American jurist who served with profound dedication on the United States Court of Appeals for the Fifth Circuit for over four decades, passed away on March 16, 2026, at the age of 88. Judge Jolly was widely respected for his keen legal intellect, his commitment to the rule of law, and his significant contributions to federal jurisprudence. His passing marks the end of a remarkable career that left an indelible mark on the legal landscape of the Fifth Circuit.
Born on October 3, 1937, in Louisville, Mississippi, Judge Jolly embarked on a path of rigorous academic and legal training that would prepare him for a life of public service. He earned his Bachelor of Arts degree from the University of Mississippi in 1959, followed by a Bachelor of Laws from the University of Mississippi Law School in 1962. These formative years in his home state laid the groundwork for a career characterized by integrity and a deep understanding of the law.
Judge Jolly began his legal career as a trial attorney for the National Labor Relations Board in Winston-Salem, North Carolina, from 1962 to 1964. He then served as an Assistant United States Attorney for the Northern District of Mississippi from 1964 to 1967, and subsequently as a lawyer for the Tax Division of the United States Department of Justice from 1967 to 1969. In 1969, he returned to Mississippi, entering private practice in Jackson, where he honed his skills for thirteen years before his federal judicial appointment.
His exceptional legal acumen caught the attention of President Ronald Reagan, who nominated him to the United States Court of Appeals for the Fifth Circuit on July 1, 1982. The U.S. Senate swiftly confirmed his appointment on July 27, 1982, and he received his commission on July 30, 1982, beginning a tenure that would span 35 years as an active judge.
Throughout his distinguished service on the Fifth Circuit, Judge Jolly authored numerous significant opinions. Notably, in July 1986, he penned the unanimous three-judge panel opinion that declared Louisiana's law requiring the teaching of creationism alongside evolution to be an unconstitutional violation of the Establishment Clause. This landmark decision was later affirmed by the Supreme Court in Edwards v. Aguillard. In July 2014, he also authored the majority opinion in Jackson Women's Health Organization v. Currier, a ruling that allowed Mississippi's sole abortion clinic to remain open.
Judge Jolly assumed senior status on October 3, 2017, continuing to contribute to the court's work with his extensive experience and wisdom. His chambers remained in Jackson, Mississippi, where he resided at the time of his passing. He was remembered by colleagues and those who knew him for his sharp wit and profound impact on the federal bench.
Elbert Grady Jolly Jr.'s legacy is one of unwavering dedication to justice and the meticulous application of the law. His contributions to the federal judiciary and his home state of Mississippi will be long remembered and deeply respected.
Those who wish to honor Elbert's memory are invited to .
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