Take the Fifth
We provide detailed summaries of all U.S. Fifth Circuit Court of Appeals opinions that are designated for publication; disposition and panel details for all unpublished decisions; a monthly tabulation of opinion statistics from the Fifth Circuit; and occasional additional analysis of opinions and Court dynamics.
Latest from the Blog
En banc argument observations: Roake and Nathan (10 Commandments)
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…
January 19, 2026, opinions
Unpublished decisions
One en banc case to drop from calendar?
One of the eight cases getting en banc treatment this week, Spectrum WT v. Wendler, 23-10994, currently set for the Friday morning argument on January 23, may be going by the wayside. This morning, the plaintiff-appellant, Spectrum WT, filed a motion to dismiss its appeal as moot (Spectrum prevailed at the panel stage, though that…
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