[1] Wiener was nominated by President George H. W. Bush on November 17, 1989, to a seat on the United States Court of Appeals for the Fifth Circuit that had been vacated by Judge Robert Madden Hill.
[1] On August 9, 2019, Wiener joined an opinion written by James L. Dennis that held the Indian Child Welfare Act (ICWA) is constitutional.
[3] On December 21, 2020, and again on September 9, 2021 (en banc), Wiener dissented when the 5th Circuit ruled that an oil company supervisor already making $200,000 a year was entitled to overtime pay.
[4] [5] The Supreme Court affirmed the majority's decision by a vote of 6–3 in Helix Energy Solutions Group, Inc. v. Hewitt.
In October 2023, Wiener refused to lift a consent decree that ensured Louisiana's compliance with Section 2 of the Voting Rights Act.