Designated for publication Elrod, C.J. (Elrod, Higginbotham, Southwick), criminal, Second Amendment, search and seizure Affirming conviction of possessing an unregistered suppressor in violation of various provisions of the National Firearms Act, rejecting Second Amendment challenge, and upholding denial of motion to suppress. George Peterson, a firearms dealer operating out of his home, was investigated by … More August 27, 2025, opinions
Designated for publication Clement, J. (Stewart, Clement, Wilson), criminal, sentencing Affirming 92-month sentence on conviction of possession of a firearm by a felon. Reginald Humbles, a U.S. Army veteran with a history of psychiatric issues, was arrested after stealing a waste disposal truck in New Orleans and leading police on a high-speed chase across the … More August 26, 2025, opinions
Designated for publication Wiener, J. (Wiener, Douglas, Ramirez), FDIC, jurisdiction Remanding appeal from injunction against FDIC proceedings on constitutional basis, with instructions to dismiss for lack of jurisdiction. The FDIC initiated an enforcement action against Cornelius Burgess, former CEO of Herring Bank, after investigations dating back to 2010 revealed misconduct. The case first proceeded before … More August 20-25, 2025, opinions
Designated for publication per curiam (Southwick, Engelhardt, Wilson), criminal, First Step Act On remand from the U.S. Supreme Court, vacating defendants’ sentences that it had previously affirmed, and remanding for resentencing under the First Step Act in light of Hewitt v. United States, 145 S. Ct. 2165 (2025). Wilson, J. (Higginson, Ho, Wilson); Ho, J., … More August 18-19, 2025, opinions
Designated for publication Graves, J. (Graves, Higginson, Wilson), Wilson, J., dissenting; Quorum Clause Reversing district court’s judgment that the Quorum Clause of the Constitution requires physical presence by members of Congress to conduct votes, and vacating permanent injunction of portions of appropriations bill that had been challenged by Texas on the basis that it had … More August 15, 2025, opinions
Designated for publication Jones, J. (Elrod, Jones, Stewart), Stewart, J., concurring in judgment only; insurance Reversing judgment in favor of insurer in claim brought by re-insurer, on basis that insurer’s delay in providing notice to re-insurer of claims was objectively unreasonable and material. The Fifth Circuit reversed a district court ruling and held that United … More August 14, 2025, opinions
Designated for publication Stewart, J. (Stewart, Richman, Higginson), Higginson, J., dissenting in part; First Amendment, mootness Affirming district court’s preliminary injunction allowing plaintiffs access to park for religious ceremonies but declining to enjoin planned tree removal and cormorant rookery management measures. This appeal arose after the Texas Supreme Court answered a certified question, holding that … More August 13, 2025, opinions
Designated for publication Willett, J. (single-judge order), immigration, mandate Denying motion to reopen case. Jose Ernesto Romero-Lozano, removed from the U.S. in 2014 and illegally reentering eight years later, was placed in withholding-only proceedings after DHS reinstated his removal order in 2022. An Immigration Judge denied his application, and the BIA affirmed in November 2023. … More August 12, 2025, opinions
Designated for publication per curiam (Dennis, Haynes, Engelhardt), Engelhardt, J., dissenting; Title VII Affirming summary judgment dismissal of plaintiff’s Title VII claim of religious discrimination after defendant granted plaintiff employee a religious accommodation for flu vaccination requirement. Tisha Palms, a radiographer at Texas Children’s Hospital (TCH), sued the hospital for failure to accommodate her religious … More August 11, 2025, opinions
Designated for publication Higginson, J. (Smith, Higginson, Douglas), breach of contract Affirming summary judgment in favor of health insurers on claims by healthcare providers where no written assignment of the insured’s claims was provided, but reversing summary judgment on claims where a written assignment was provided, and remanding for further proceedings. The case involves fifty-six … More August 8, 2025, opinions
