{{Short description|American judge (born 1972)}} {{Infobox officeholder | name = Gregg Costa | image = Gregg Costa (cropped).jpg | caption = Costa in 2014 | office = Judge of the United States Court of Appeals for the Fifth Circuit | appointer = Barack Obama | term_start = June 2, 2014 | term_end = August 31, 2022 | predecessor = Fortunato Benavides | successor = Irma Carrillo Ramirez | office1 = Judge of the United States District Court for the Southern District of Texas | appointer1 = Barack Obama | term_start1 = April 26, 2012 | term_end1 = June 2, 2014 | predecessor1 = John David Rainey | successor1 = Fernando Rodriguez Jr. | birth_name = Gregg Jeffrey Costa | birth_date = {{birth date and age|1972|6|19}} | birth_place = Baltimore, Maryland, U.S. | death_date = | death_place = | party = Democratic{{citation needed|date=November 2020}} | education = Dartmouth College (BA)<br>University of Texas, Austin (JD) }} '''Gregg Jeffrey Costa''' (born June 19, 1972) is an American attorney who is a former United States circuit judge of the United States Court of Appeals for the Fifth Circuit and former United States district judge of the United States District Court for the Southern District of Texas.
== Early life and education ==
Costa was born in Baltimore, Maryland, but grew up in Richardson, Texas, where he attended Richardson High School. He earned a Bachelor of Arts degree in 1994 from Dartmouth College. While at Dartmouth, Costa interned for the Democratic National Committee.<ref name=main_justice_20120222>{{cite news | first=Lisa | last=Brennan | url=http://www.mainjustice.com/2012/02/22/houston-prosecutor-gregg-costa-has-kept-stanford-case-on-track/ | title=Houston Prosecutor Gregg Costa Has Kept Stanford Case on Track | work=Main Justice | date=February 22, 2012 | access-date=December 21, 2013 | archive-url=https://web.archive.org/web/20170213165248/http://www.mainjustice.com/2012/02/22/houston-prosecutor-gregg-costa-has-kept-stanford-case-on-track/ | archive-date=February 13, 2017 | url-status=dead }}</ref><ref name="fjc.gov">{{FJC Bio|nid=1393961|inline=yes}}</ref> After college, Costa taught elementary school in Sunflower, Mississippi, as part of the Teach for America program from 1994 until 1996. He then earned a Juris Doctor from the University of Texas School of Law in 1999, where he was the Editor-in-Chief of the ''Texas Law Review''.<ref name=whgov_20110908>{{cite web | author=The White House: Office of the Press Secretary | url=https://obamawhitehouse.archives.gov/the-press-office/2011/09/08/president-obama-nominates-gregg-jeffrey-costa-serve-us-district-court | title=President Obama Nominates Gregg Jeffrey Costa to Serve on the US District Court | date=September 8, 2011 | via=National Archives | work=whitehouse.gov | access-date=September 12, 2011}}</ref><ref name="fjc.gov"/> From 1999 until 2000, Costa served as a law clerk to Judge A. Raymond Randolph on the U.S. Court of Appeals for the District of Columbia Circuit. He then served as a law clerk to Chief Justice William Rehnquist on the U.S. Supreme Court from 2001 until 2002.<ref name=whgov_20110908/><ref name="fjc.gov"/>
== Career ==
From 2002 to 2005, Costa worked as an associate at the law firm Weil, Gotshal & Manges in Houston.<ref name=whgov_20110908/> From 2005 to 2012, Costa served as an assistant United States attorney in the Southern District of Texas.<ref name=whgov_20110908/><ref name="fjc.gov"/>
=== Allen Stanford prosecution ===
Likely Costa's highest-profile prosecution in his six years as a federal prosecutor was the case against convicted Ponzi schemer Allen Stanford, who was indicted in 2009. In January 2011, Stanford's legal team requested a delay of the start of his scheduled January 24, 2011, trial, noting that they had only taken over his defense in October 2010. Costa told the judge presiding over the trial that while he did not object to some delay in the trial, "the requested continuance of two years is excessive."<ref name=financialpost_20110104>{{cite news | agency=Bloomberg News | url=http://business.financialpost.com/2011/01/04/prosecutors-agree-to-postpone-allen-stanford-trial/#more-19394 | title=Prosecutors agree to postpone Allen Stanford trial | work=Financial Post | date=January 4, 2011 | access-date=September 12, 2011}}</ref> In February 2011, Stanford sued Costa and his fellow prosecutor Paul Pelletier, along with several employees of the Securities and Exchange Commission and the Federal Bureau of Investigation, complaining of "abusive law enforcement" and seeking $7.2 billion in damages.<ref name=nytimes_20110217>{{cite news | agency=Bloomberg News | url=https://www.nytimes.com/2011/02/18/business/18stanford.html | title=Allen Stanford, Indicted Financier, Sues Authorities | work=The New York Times | date=February 17, 2011 | access-date=September 12, 2011}}</ref> In March 2011, Stanford's attorneys argued that the defendant's right to a speedy trial had been violated. Costa, however, told the Associated Press that delays largely were the result of Stanford's own requests for continuances.<ref name=nola_20110302>{{cite news | agency=Associated Press | url=http://www.nola.com/crime/index.ssf/2011/03/jailed_texas_financier_r_allen.htm | title=Jailed Texas financier R. Allen Stanford seeks release awaiting trial | work=The Times-Picayune | date=March 2, 2011 | access-date=September 12, 2011}}</ref> In March 2012, Stanford was found guilty on 13 of 14 counts including fraud, obstructing investigators and conspiracy to commit money laundering.<ref name=wallstreetjournal_20120306>{{cite news | url=https://www.wsj.com/articles/SB10001424052970203458604577265490160937460 | title=Stanford Guilty in Ponzi Scheme | work=The Wall Street Journal | date=March 6, 2012 |access-date=March 7, 2012}}</ref>
=== Federal judicial service ===
==== District court service ====
In July 2011, Texas's two Republican senators, John Cornyn and Kay Bailey Hutchison, sent a letter to President Barack Obama,<ref name=chron_20110719>{{cite web|first=Gary|last=Martin|url=http://www.chron.com/news/houston-texas/article/Obama-urged-to-fill-two-federal-bench-vacancies-2077511.php|title=Obama urged to fill two federal bench vacancies in Texas|work=Houston Chronicle|date=July 19, 2011|access-date=September 12, 2011}}</ref> recommending that he nominate Costa to the vacant seat on the United States District Court for the Southern District of Texas that had been created when Judge John David Rainey took senior status in June 2010. The seat would be based in the Galveston Division.<ref name=chron_20110719/><ref>{{cite web | author=The White House: Office of the Press Secretary | url=https://obamawhitehouse.archives.gov/the-press-office/2011/09/08/presidential-nominations-sent-senate-0 | title=Presidential Nominations Sent to the Senate | date=September 8, 2011 | via=National Archives | work=whitehouse.gov | access-date=September 12, 2011}}</ref> The anticipated nomination earned bipartisan support, as Democratic United States Representative Lloyd Doggett, who serves as the spokesman for Texas Democrats on federal judicial matters, urged the president to nominate Costa as well.<ref name=chron_20110719/> On September 8, 2011, President Obama nominated Costa to the seat on the U.S. District Court for the Southern District of Texas.<ref name=whgov_20110908/> He received a hearing by the Senate Judiciary Committee on November 2, 2011, and his nomination was reported to the floor on December 1, 2011. Costa's nomination was approved by the U.S. Senate on April 26, 2012, by a 97–2 vote.<ref>{{cite web|title=On the Nomination (Confirmation Gregg Jeffrey Costa, of Texas, to be U.S. District Judge for the Southern District of Texas)|url=https://www.senate.gov/legislative/LIS/roll_call_votes/vote1122/vote_112_2_00083.htm|publisher=United States Senate|access-date=11 January 2023}}</ref> He received his commission the same day.<ref name="fjc.gov"/> His service as a district court judge was terminated on June 2, 2014, when he was elevated to the court of appeals.<ref name="fjc.gov"/>
==== Court of appeals service ==== On December 19, 2013, President Obama nominated Costa to a seat on the United States Court of Appeals for the Fifth Circuit vacated by Fortunato Benavides, who assumed senior status on February 3, 2012.<ref>{{cite web|title=President Obama Nominates Two to Serve on the United States Courts of Appeals|url=https://obamawhitehouse.archives.gov/the-press-office/2013/12/19/president-obama-nominates-two-serve-united-states-courts-appeals|via=National Archives|work=whitehouse.gov|date=19 December 2013|access-date=21 December 2013}}</ref> He received a hearing before the U.S. Senate Judiciary Committee on February 25, 2014.<ref>{{cite web|title=Nominations|url=http://www.judiciary.senate.gov/meetings/nominations-2014-02-25|work=United States Senate|date=25 February 2014 |publisher=Committee on the Judiciary|access-date=25 February 2014}}</ref> On March 27, 2014, Costa's nomination was reported out of committee by a voice vote.<ref>{{cite web|title=Executive Business Meeting|url=http://www.judiciary.senate.gov/imo/media/doc/Results%20of%20Executive%20Business%20Meeting%20-%2003-27-14.pdf|work=United States Senate|publisher=Committee on the Judiciary|access-date=27 March 2014}}</ref> On May 13, 2014, Senate Majority Leader Harry Reid filed for cloture on Costa's nomination. On May 15, 2014, the United States Senate invoked cloture on his nomination by a 58–36 vote.<ref>{{cite web|title=On the Cloture Motion (Motion to Invoke Cloture of Gregg Jeffrey Costa, of Texas, to be U.S. Circuit Judge for the Fifth Circuit)|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=2&vote=00156|publisher=United States Senate|access-date=15 May 2014}}</ref> On May 20, 2014, he was confirmed by a 97–0 vote.<ref>{{cite web|title=On the Nomination (Confirmation Gregg Jeffrey Costa, of Texas, to be U.S. Circuit Judge for the Fifth Circuit)|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=2&vote=00158|publisher=United States Senate|access-date=20 May 2014}}</ref> He received his commission on June 2, 2014.<ref name="fjc.gov"/> In January 2022, Costa announced he would be resigning from the court in August 2022.<ref>{{cite news|url=https://www.reuters.com/legal/litigation/5th-circuits-costa-resign-giving-biden-second-vacancy-fill-2022-01-13/|title=5th Circuit's Costa to resign, giving Biden second vacancy to fill|newspaper=Reuters|date=13 January 2022|last1=Raymond|first1=Nate}}</ref> Costa resigned on August 31, 2022.<ref name="fjc.gov"/>
===Cases=== {{primary sources|section|date=January 2024}} Costa dissented in ''Collins v. Mnuchin'' (5th Cir. 2019), a ruling that struck down the Federal Housing Finance Agency as a violation of the separation of powers and was affirmed by the Supreme Court in ''Collins v. Yellen''. Costa argued that the Court violates the separation of powers itself by ruling that Congress violated the separation of powers by creating an independent agency.<ref>{{Cite web|url=http://www.ca5.uscourts.gov/opinions/pub/17/17-20364-CV2.pdf|title=Patrick T. Collins v. Steven T. Mnuchin|website=ca5.uscourts.gov|date=September 6, 2019|access-date=October 27, 2021}}</ref>
=== Post-judicial career ===
In September 2022, Costa became a partner at Gibson, Dunn & Crutcher LLP.<ref>{{cite web |url=https://www.gibsondunn.com/former-fifth-circuit-judge-gregg-costa-joins-gibson-dunn-as-co-chair-of-the-global-trial-practice-group-in-houston/|title=Former Fifth Circuit Judge Gregg Costa Joins Gibson Dunn as Co-Chair of the Global Trial Practice Group in Houston|date=September 7, 2022|access-date=January 6, 2024}}</ref>
== See also == * List of Hispanic and Latino American jurists * List of law clerks of the Supreme Court of the United States (Chief Justice)
== References == {{Reflist}}
==External links== *{{FJC Bio|nid=1393961}} *{{Ballotpedia|Gregg_Costa}}
{{s-start}} {{s-legal}} {{s-bef|before=John David Rainey}} {{s-ttl|title={{nowrap|Judge of the United States District Court for the Southern District of Texas}}|years=2012–2014}} {{s-aft|after=Fernando Rodriguez Jr.}} |- {{s-bef|before=Fortunato Benavides}} {{s-ttl|title=Judge of the United States Court of Appeals for the Fifth Circuit|years=2014–2022}} {{s-aft|after=Irma Carrillo Ramirez}} {{s-end}}
{{authority control}}
{{DEFAULTSORT:Costa, Gregg Jeffrey}} Category:1972 births Category:Living people Category:Assistant United States attorneys Category:Dartmouth College alumni Category:Educators from Texas Category:Hispanic and Latino American judges Category:Judges of the United States Court of Appeals for the Fifth Circuit Category:Judges of the United States District Court for the Southern District of Texas Category:Law clerks of the Supreme Court of the United States Category:People from Bellaire, Texas Category:People from Richardson, Texas Category:Richardson High School alumni Category:United States court of appeals judges appointed by Barack Obama Category:United States district court judges appointed by Barack Obama Category:University of Texas School of Law alumni