Designated for publication per curiam (Elrod, Higginbotham, Smith), Clean Air Act, administrative law, Administrative Procedure Act, venue On remand from U.S. Supreme Court, original panel opinion from November 22, 2023 (Elrod, Smith, Higginbotham; Higginbotham, J., dissenting) (vacating EPA decision to deny refineries’ requested exemptions from the Renewable Fuel Standard program of the Clean Air Act), … More August 7, 2025, opinions
Designated for publication Ho, J. (King, Ho, Ramirez), CARES Act, administrative law Affirming district court’s dismissal of plaintiff’s claim for forgiveness of CARES Act paycheck protection program loan for which plaintiff had not been eligible to begin with. The Paycheck Protection Program (PPP), created by Congress under the CARES Act during the COVID-19 pandemic, provided … More August 6, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Duncan, Engelhardt), employment discrimination, COVID-19 Reversing summary judgment in favor of the employer on the plaintiff former employee’s Title VII religious discrimination claim arising from his termination after refusing to get the COVID-19 vaccination and the employer failing to grant him a religious exemption, and remanding for further proceedings. … More August 5, 2025, opinions
Designated for publication Ho, J. (Higginbotham, Willett, Ho), election law Reversing district court judgment that Texas election law requiring an ID number on the mail-in ballot application and on the mail-in ballot violated federal law, and rendering judgment for Texas official defendants. The Fifth Circuit upheld Texas’s Election Protection and Integrity Act of 2021, which … More August 4, 2025, opinions
Designated for publication Willett, J. (Higginbotham, Willett, Ho), Ho, J., dissenting; judicial immunity, sec. 1983, appellate jurisdiction Reversing denial of judicial immunity for defendants on claims arising from prevailing over jury proceedings, and dismissing plaintiffs’ appeal from grant of judicial immunity over other sec. 1983 claims as that ruling was at the interlocutory stage. Loving … More August 1, 2025, opinions
We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More July 2025 opinion statistics
Unpublished opinions per curiam (Graves, Ho, Douglas), prisoner suit Dismissing as frivolous appeal from denial of petition for mandamus to compel ICE to turn over certain materials from arrest. per curiam (Stewart, Dennis, Haynes), maritime law Affirming district court’s judgment as to damages for certain vessels arising from mooring insufficiencies during Hurricane Ida, but reversing … More July 31, 2025, opinions
