Designated for publication Duncan, J. (Southwick, Duncan, Engelhardt) (no oral argument), abortion law, standing, administrative law Granting Louisiana’s motion to stay the FDA’s 2023 REMS (order allowing mifepristone to be prescribed online and dispensed through the mail without any in-person doctor visit) pending appeal under 5 U.S.C. § 705. After Dobbs v. Jackson Women’s Health … More May 1, 2026, opinions
Designated for publication per curiam (Elrod, Ho, Wilson), Ho, J., concurring; administrative law, abortion law, standing On remand from the Supreme Court, vacating the district court’s order staying FDA rules regarding mifepristone and remanding for further proceedings. Judge Ho concurred, opining that the Supreme Court had the liberty to depart from precedent that the Fifth … More September 16, 2024, opinions
Designated for publication Engelhardt, J. (Southwick, Engelhardt, Wilson), abortion, administrative law, standing, preemption Affirming district court’s permanent injunction against Guidance letter issued by the Centers for Medicare and Medicaid Services (“CMS”), the agency of the Department of Health and Human Services charged with administering the Emergency Medical Treatment and Active Labor Act of 1986, which … More January 2, 2024, opinions
Designated for publication Willett, J. (joined by Richman, Higginbotham, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Ho, Duncan, Engelhardt, Wilson, Douglas, JJ.), Ho, J., concurring, Jones, J., concurring in judgment only (joined by Smith, Oldham, JJ.); Title VII, employment discrimination Reversing 12(b)(6) dismissal of female correctional officers’ Title VII disparate treatment claim against county for policy … More August 18, 2023, opinions
Designated for publication Jones, J. (Jones, Willett, Douglas), Douglas, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming denial of petitioner’s § 2255 petition on IAC claim arising from trial counsel’s inadequate argument and appellate counsel’s lack of argument for “back time” credit on sentence for possession of a firearm by a felon to account … More August 16, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing, Brady violation, restitution Affirming convictions of depriving two persons of their constitutional rights under color of law, arising from defendant’s sexual assault of two men while a police officer, and concurrent sentences of 12 and 360 months. The Court held that withheld evidence was not … More April 6-12, 2023, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Duncan), Title IX Affirming summary judgment dismissal of deliberate indifference claims against school district as to risk of 14-year-old plaintiff’s violent sexual assault in high school stairwell (requiring multiple surgeries to remedy), but reversing summary judgment dismissal of claims of deliberate indifference to totality of harassment, which included … More November 14, 2022, opinions
Designated for publication Southwick, J. (Jones, Southwick, Oldham), immigration Dismissing in part and denying in part Indian citizen’s petition for review of BIA order dismissing appeal of IJ’s denials of his claims for asylum, withholding of removal, and protection under the Convention Against Torture. The Court held that several of the petitioner’s claims of procedural … More September 21, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Whole Woman’s Health v. Young, 18-50730, appeal from W.D. Tex. per curiam (Barksdale, Stewart, Costa), abortion law Vacating injunction of Texas law regarding disposal of embryonic and fetal tissue after … More June 20-28, 2022, opinions
Designated for publication U.S. v. Mejia-Banegas, 21-50459, appeal from W.D. Tex. per curiam (King, Jones, Duncan), King, J., concurring; criminal, supervised release Affirming special condition of supervised release terms that allowed probation officer to require the defendant to notify a person he may pose a risk to and to inform them about that risk. On … More April 25-26, 2022, opinions
