Meet Mike

Justice Mike Toth is the current incumbent for Place 6 on the Third Court of Appeals. Mike is former special counsel on Texas Attorney General Ken Paxton’s executive team, and a Major in the U.S. Marine Corps Reserve. Working closely with Attorney General Ken Paxton, Mike handled numerous cases challenging job-killing federal regulations that threatened harm to Texas businesses and residents. His legal arguments helped General Paxton obtain numerous nationwide victories against the Obama Administration.

He served on active duty as a military attorney in the U.S. Marine Corps, and remains active in the reserves. He was awarded three Navy and Marine Corps Commendation Medals, including one for an overseas deployment. Following his service in the Marines, Toth was a law clerk to the Hon. Edith H. Jones of the Fifth Circuit Court of Appeals. Justice Toth was Senior Counsel at Dykema Cox Smith in the firm’s Austin office prior to being appointed to the Third Court of Appeals by Governor Greg Abbott in September 2018.

Mike clerked for the Hon. Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit, and for the Hon. Ursula Ungaro of the Southern District of Florida. He is on the Steering Committee of the Federalist Society’s Austin Lawyers Chapter and a member of the American Enterprise Institute’s Leadership Network.

Mike received a B.A.from Stanford University and a J.D./M.A.from the University of Virginia. A widely-published author, Mike wrote a biography of Oliver Ellsworth, an early U.S. Supreme Court Chief Justice, favorably reviewed in the Wall Street Journal and other leading publications.

Mike and his wife Carolina have two children, Fabiana and Lorcan. They live in Austin and are parishioners at St. Martin de Porres Church. Mike is also an Alliance Defending Freedom Blackstone Fellow and a Claremont Institute John Marshall and Abraham Lincoln Fellow.

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