Designated for publication per curiam (en banc), immigration, die process, en banc In relation to the en banc rehearing of the July 2 opinion affirming that immigrants’ due process rights were violated by detention more than 90 days without bond hearings, which rehearing was ordered quickly on the heels of the panel opinion, on July … More July 21, 2026, opinions
Designated for publication per curiam (en banc), Higginson, J., dissenting from grant of en banc rehearing; criminal, Second Amendment, Commerce Clause, en banc Granting en banc rehearing of June 2 panel decision (Clement, Southwick, Engelhardt) that affirmed a conviction of possession of a firearm by a felon, rejecting an as-applied Second Amendment challenge. In a … More July 20, 2026, opinions
Designated for publication Stewart, J. (Higginbotham, Stewart, Haynes) (no oral argument), judicial estoppel, personal tort On remand from the U.S. Supreme Court, from prior Fifth Circuit affirmance of dismissal of plaintiff’s suit, remanding back to district court to assess judicial estoppel from plaintiff’s failure to disclose claim on bankruptcy schedules. Thomas Keathley brought a personal … More July 17, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Smith, Wilson) (oral argument), bankruptcy Affirming bankruptcy court’s finding of willful violation of bankruptcy automatic stay by aggressive arbitration against debtor’s founder. With Purpose, Inc. (formerly doing business as GloriFi), a financial technology start-up co-founded by Toby Neugebauer, filed for Chapter 7 bankruptcy in February 2023. Prior to the … More July 16, 2026, opinions
Designated for publication Willett, J. (Stewart, Willett, Wilson) (no oral argument), Stewart, J., dissenting in part; mandamus, appellate jurisdiction, voluntary dismissal, school desegregation Dismissing appeal for lack of jurisdiction over judgment that was entered after voluntary dismissal of school desegregation case, and granting mandamus vacating post-dismissal judgment. This school-desegregation case had been pending for more … More July 13-15, 2026, decisions
Designated for publication Clement, J. (Jones, Clement, Richman) (oral argument), criminal, sentencing Affirming 180-month sentence on conviction of selling methamphetamine that was based on a criminal history score that included an expunged state conviction. Juan Payne pleaded guilty to selling methamphetamine (461.9 grams in two transactions) under 21 U.S.C. § 841(a)(1) and (b)(1)(A). While his … More July 10, 2026, opinions
Designated for publication Higginson, J. (Richman, Higginson, Douglas) (no oral argument), qualified immunity Affirming qualified immunity summary judgment dismissal of claim against officer on excessive force claim. On April 27, 2022, Houston police pursued Jalen Randle to execute three felony warrants (aggravated assault, felon in possession of a firearm, and evading arrest). After an immobilization … More July 8-9, 2026, opinions
Designated for publication Willett, J. (Higginson, Willett, Engelhardt) (oral argument at original panel stage), preemption, taking, Contracts Clause Granting petition for panel rehearing and substituting for February 9, 2026, panel opinion, affirming summary judgment for Louisiana on pharmaceutical companies’ and trade group’s challenge to Louisiana statute on drug purchases. Pharmaceutical manufacturers AbbVie, AstraZeneca, and trade … More July 1-7, 2026, opinions
Designated for publication Duncan, J. (Jones, Duncan, Douglas), Douglas, J., dissenting (oral argument); administrative law, nondelegation doctrine, Seventh Amendment, major questions doctrine Granting petition for review of HHS enforcement order imposing fine for selling of unauthorized vaping products, and vacting decision. Texas Tobacco Barn (TTB), a Lubbock, Texas vape shop, applied for FDA premarket authorization … More June 30, 2026, opinions
Designated for publication Willett, J. (Smith, Willett, Ramirez) (oral argument), criminal, sentencing Affirming sentence on “mutiny” conviction for immigration detainee. Six detainees at an ICE facility in El Paso knotted bed sheets, towels, and shirts into a makeshift rope and climbed onto an unrailed canopy roof approximately two stories high. For more than three and … More June 29, 2026, opinions
