Designated for publication Jones, J. (Jones, Barksdale, Ho), criminal Affirming conviction of illegal reentry, which resulted in surrender to immigration officials for deportation. The Court rejected the defendant’s argument that the district court had improperly shifted the burden to him to prove the invalidity of the waiver of rights regarding the underlying deportation rather than … More November 8, 2024, opinions
Designated for publication Oldham, J. (Jones, Southwick, Oldham), First Amendment On remand from the U.S. Supreme Court, remanding to the district court for further fact-findings: “In Moody v. NetChoice, LLC, 144 S. Ct. 2383 (2024), the Supreme Court emphasized that facial challenges to state laws are difficult to successfully mount. In the First Amendment context, … More November 7, 2024, opinions
Unpublished per curiam (Clement, Oldham, Wilson), prisoner suit Vacating dismissal of pretrial detainee’s failure-to-protect claim, affirming dismissal of other claims arising from assault, and remanding for further proceedings. per curiam (Wiener, Willett, Duncan), Wiener, J., concurring; municipal liability Affirming dismissal of municipal liability claims arising from tear-gassing and arrest of journalist plaintiff during George Floyd … More November 6, 2024, opinions
Designated for publication per curiam (voting against rehearing en banc: Elrod, Stewart, Southwick, Graves, Higginson, Engelhardt, Ramirez, JJ.; voting for rehearing en banc: Jones, Richman, Willett, Duncan, Oldham, Wilson, JJ.) (recused/not voting in en banc poll: Smith, Haynes, Ho, Douglas, JJ.); federal officer jurisdiction, en banc Denying en banc rehearing of May 29, 2024, panel … More November 1-5, 2024, 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 October 2024 opinion statistics
Designated for publication Higginson, J. (Higginbotham, Higginson, Duncan), immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for cancelation of removal and voluntary departure; rejecting arguments “that (1) the agency erred in determining he was ineligible for cancellation because he had not made the required exceptional-hardship and … More October 31, 2024, opinions
Designated for publication Haynes, J. (Southwick, Haynes, Douglas), administrative law Reversing in part and affirming in part district court’s ruling on plaintiff healthcare providers’ and air-ambulance providers’ challenge to HHS rules regarding the No Surprises Act; reversing vacatur of rule regarding how to calculate “qualifying payment amount” under the NSA, affirming vacatur of deadline provision … More October 30, 2024, opinions
Designated for publication Elrod, C.J. (Elrod, Graves, Ashe, by designation), administrative law, Fair Labor Standards Act Granting petition for panel rehearing of Aug. 23, 2024 panel opinion that reversed summary judgment in favor of the DOL and vacated DOL rule restricting when employers can claim a “tip credit” for “tipped employees” for purposes of the … More October 29, 2024, opinions
Yesterday, we took a deep dive into the make-up of the U.S. Fifth Circuit Court of Appeals to see what the next President may have the opportunity to do (and also what the make-up of the next Senate will be able to affect). Today, we look at the twelve U.S. Courts of Appeals with territorial … More Take the Fifth: 2024 election implications across all U.S. Courts of Appeals
While the public rightly focuses on the implications of Presidential elections when it comes to the composition of the U.S. Supreme Court, the decisions of the Courts of Appeals arguably touch more lives more directly every day, due to the nature of their decisions coming from appeals-of-right and not just hand-selected certiorari review. So, with … More Take the Fifth: 2024 election consequences for the U.S. Fifth Circuit
