Category: Take the Fifth

November 7, 2025, opinions

November 10, 2025

Unpublished decisions per curiam (Stewart, Graves, Oldham) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Ho) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Southwick, Duncan, Engelhardt) (no oral argument), criminal, compassionate release Dismissing as frivolous appeal from denial of motion … More November 7, 2025, opinions

November 6, 2025, opinions

November 7, 2025

Designated for publication Engelhardt, J. (Dennis, Southwick, Engelhardt) (oral argument), Dennis, J., dissenting in part; First Amendment, sovereign immunity, standing Vacating injunction entered on First Amendment pre-enforcement challenge brought by drag performer and organizations against Texas law regulating “sexually oriented performances on public property and in the presence of minors”; and remanding for further proceedings. … More November 6, 2025, opinions

November 5, 2025, opinions

November 6, 2025

Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), immigration Denying Guatemalan citizen’s petitions for review of BIA denials of his motion to reopen removal proceedings and motion to reconsider. The Fifth Circuit denied Oscar Rene Rosa Arevalo’s petitions for review of the Board of Immigration Appeals’ denials of his motions to reopen … More November 5, 2025, opinions

November 4, 2025, opinions

November 5, 2025

Designated for publication Smith, J. (Smith, Stewart, Ramirez) (no oral argument), § 1983, Fair Debt Collection Practices Act, default judgment Affirming district court’s denial of default judgment on plaintiffs’ FDCPA and constitutional claims against defendants arising from eviction from public housing, where “all defendants appeared before the district court, filed an answer, or moved to … More November 4, 2025, opinions

November 3, 2025, opinions

November 4, 2025

Designated for publication Higginbotham, J. (Higginbotham, Ho, Douglas) (no oral argument), Ho, J., concurring; False Claims Act, qui tam Affirming dismissal of qui tam action under False Claims Act. Inpatient-rehabilitation facilities (IRFs) provide intensive therapy to patients after hospital discharge and are reimbursed by Medicare per discharge, contingent on compliance with procedural rules such as … More November 3, 2025, opinions

October 30-31, 2025, opinions

November 3, 2025

Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (oral argument), Haynes, dissenting in part; timeliness, personal torts Affirming dismissal as untimely of claims brought under Texas law, originally in Texas state courts but then removed, for monetary damages arising from chemical explosions at defendant’s facility, where original action was certified as to injunctive relief class … More October 30-31, 2025, opinions

October 29, 2025, opinions

November 3, 2025

Designated for publication Willett, J. (Barksdale, Willett, Duncan) (oral argument), election law Affirming denial of preliminary injunction on plaintiff voters’ suit challenging as racially discriminatory a county commission’s redrawing of county precinct lines. The Fifth Circuit began by reaffirming that states and their political subdivisions hold primary constitutional authority to regulate elections, including the drawing … More October 29, 2025, opinions

October 28, 2025, opinions

October 29, 2025

Designated for publication en banc, First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity, en banc Ordering initial hearing en banc, with the en banc rehearing argument of Roake v. Brumley. Stewart, J. (Jones, Stewart, Ramirez) (oral argument), criminal, sufficiency of evidence Affirming conviction of coercing and enticing a minor to engage in … More October 28, 2025, opinions

October 27, 2025, opinions

October 28, 2025

Designated for publication en banc; First Amendment, en banc Vacating August 18, 2025, panel opinion (Dennis, Southwick, Ho; Ho, J., dissenting) and ordering en banc rehearing of panel opinion that reversed denial of preliminary injunction against university administration’s cancellation of LGBT+ student organization’s drag show. Unpublished decisions per curiam (Wiener, Willett, Wilson) (no oral argument), … More October 27, 2025, opinions