Month: January 2026

January 20, 2026, opinions

January 21, 2026

Unpublished decisions per curiam (Stewart, Graves, Oldham) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Willett, Wilson) (no oral argument), mandamus, voting rights Denying petition for mandamus to compel district court … More January 20, 2026, opinions

En banc argument observations: Roake and Nathan (10 Commandments)

January 20, 2026

Trying something new here at Take the Fifth, sitting in to observe en banc arguments and provide quick-take observations. Reading the tea-leaves of an argument to predict outcomes is rarely a fruitful exercise even with a three-judge panel, certainly not with a 17-judge en banc panel; but the judges’ questions nevertheless are fertile ground for … More En banc argument observations: Roake and Nathan (10 Commandments)

January 19, 2026, opinions

January 20, 2026

Unpublished decisions per curiam (Smith, Haynes, Oldham) (no oral argument), insurance, service of process Dismissing as frivolous appeal from dismissal of claim for insufficient service of process. per curiam (Jones, Duncan, Douglas) (no oral argument), criminal, sentencing Affirming 155-month sentence on conviction of brandishing a firearm during a crime of violence. per curiam (Smith, Haynes, … More January 19, 2026, opinions

January 16, 2025, opinions

January 17, 2026

Designated for publication Stewart, J. (Smith, Stewart, Haynes) (oral argument), maritime law, timeliness Affirming summary judgment dismissal of limitation-of-liability suit as untimely, when it was filed three years after former employee’s state-court negligence suit was filed in state court. Seaman claimant Brandon Darrow, employed by Genesis Marine, LLC, suffered a severe back injury while working … More January 16, 2025, opinions

January 14-15, 2026, opinions

January 16, 2026

Designated for publication en banc (orally argued to merits panel), Quorum Clause, en banc Ordering en banc rehearing of August 15, 2025, panel opinion (Graves, Higginson, Wilson [dissenting]) 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 … More January 14-15, 2026, opinions

January 13, 2026, opinions

January 14, 2026

Designated for publication per curiam (Richman, Ho; Dennis on panel but not participating in this order) (oral argument at the merits stage), Ho, J., dissenting from denial of panel rehearing; municipal liability, qualified immunity, First Amendment Denying petition for panel rehearing of October 7, 2025, opinion that had affirmed qualified immunity dismissal of police officers … More January 13, 2026, opinions

January 12, 2026, opinions

January 14, 2026

Designated for publication per curiam (en banc) (oral argument at panel stage) (voting for en banc rehearing: Jones, Smith, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.; voting against en banc rehearing: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez, JJ.), Ho, J., dissenting from denial of en banc rehearing (joined by Jones, Smith, Engelhardt, JJ.); … More January 12, 2026, opinions

January 9, 2026, opinions

January 12, 2026

Designated for publication Clement, J. (Clement, Graves, Ho) (oral argument withdrawn), Ho, J., concurring; criminal, sentencing Vacating sentence on conviction of failing to register as a sex offender, and remanding for resentencing. The Fifth Circuit held that the district court erred in sentencing Sergio Yovani Quintanilla-Matamoros based on an incorrect sex-offender tier under the Sex … More January 9, 2026, opinions