I report after each month on interesting statistics from the data I 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.) I aggregate that–all of which provides useful insights into the inner workings of the Court, the relative success … More June 2026 opinion statistics
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
Designated for publication Smith, J. (Smith, Graves, Engelhardt) (oral argument), habeas corpus, First Amendment, ineffective assistance of counsel Affirming denial of habeas relief. Irving Davis raped and murdered 15-year-old Melissa Medina in 2001, cutting off her fingertips to prevent DNA identification. He was convicted of capital murder and sentenced to death; the Texas Court of … More June 25-26, 2026, opinions
Designated for publication Wilson, J. (Southwick, Graves, Wilson) (oral argument), default judgment, service of process, damages, Rule 60 Affirming denial of Rule 60(b) relief from default judgment. After a December 2021 multi-vehicle crash on I-20 in Mississippi, Cheryl Roberts and William Chambers sued KJ Win, Inc., a California-incorporated trucking company, alleging its driver negligently parked … More June 24, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Richman, Willett) (oral argument), Title VII, employment discrimination Affirming summary judgment dismissal of race/national-origin discrimination and retaliation claims; ADA disability-discrimination, interference, and failure-to-accommodate claims; but reversing summary judgment dismissal of hostile-work-environment claims; and remanding for further proceedings. Brenda Brenyah, a Black woman and naturalized U.S. citizen born in Ghana, … More June 23, 2026, opinions
Designated for publication per curiam (en banc), First Amendment, en banc Ordering en banc hearing in the first instance, and consolidating for purposes of argument only, of two district court injunction decisions regarding the Texas A&M system’s dragshows policy–one from the Northern District of Texas (Spectrum WT) denying a preliminary injunction against a university ban … More June 22, 2026, opinions
Designated for publication Smith, J. (Smith, Clement, Duncan) (oral argument), Clement, J., concurring (joined by Duncan, J.); criminal, Second Amendment Affirming conviction of possession of an unregistered firearm for defendant’s possession of homemade silencers, rejecting Second Amendment challenge. After sheriff’s deputies arrested Comeaux for unlawfully discharging a firearm, a search of his residence turned up … More June 18, 2026, opinions
Designated for publication Jones, J. (Jones, Stewart, Willett) (oral argument), maritime law, attorneys’ fees Affirming district court’s finding of valid maritime liens and denial of attorneys’ fees. Louisiana International Marine (“LIM”) provided towage services via two tugboats to barges owned by Trailer Bridge and chartered to a third party, Work Cat. Work Cat paid only … More June 17, 2026, opinions
Designated for publication Wilson, J. (Elrod, Smith, Wilson) (oral argument), criminal, sentencing Affirming sentences on revocation of supervised release. James Baldemoro pleaded guilty to possession of child pornography under 18 U.S.C. § 2252A(b)(2) and was sentenced to the statutory maximum of ten years’ imprisonment followed by ten years’ supervised release. After completing his prison term, … More June 16, 2026, opinions
