January 20, 2022, opinions

Designated for publication Planned Parenthood Gulf Coast, Inc. v. Phillips, 18-30699, appeal from M.D. La. Elrod, J. (Higginbotham, Elrod, Ho), Ho, J., concurring; abortion law, sovereign immunity, Ex parte Young Granting petition for panel rehearing, withdrawing opinion issued July 15, 2021, which had reversed in part the denial of dismissal on sovereign immunity grounds the … More January 20, 2022, opinions

January 17-18, 2022, opinions

Designated for publication U.S. v. Gomez, 17-20526, appeal from S.D. Tex. per curiam (Smith, Elrod, Oldham), criminal, sentencing On remand from the U.S. Supreme Court, remanding to the district court to reform the judgment to impose sentence under 8 U.S.C. § 1326(b)(1) (applicable to predicate non-aggravated felonies) rather than under 8 U.S.C. § 1326(b)(2) (applicable … More January 17-18, 2022, opinions

October 13-14, 2021 opinions

Designated for publication Hawkins v. U.S. Department of Housing and Urban Development, 20-20281, appeal from S.D. Tex. Wiener, J. (Wiener, Dennis, Duncan), Duncan, J., dissenting; Administrative Procedure Act, Fair Housing Act Reversing district court’s dismissal of plaintiffs’ APA and FHA claims against HUD, holding that HUD is bound by its prior self-imposed obligation to provide … More October 13-14, 2021 opinions

October 8, 2021 opinions

Unpublished Planned Parenthood Southeast, Inc. v. Snyder, 16-60773, appeal from S.D. Miss. per curiam (Owen, Dennis, Willett), abortion law Granting joint motion to dismiss appeal as moot, and remanding to district court to dismiss plaintiffs’ complaint for lack of jurisdiction. Blessit v. Texas Office of the Attorney General Galveston County Child Support Enforcement Division, 20-40135, … More October 8, 2021 opinions

September 10, 2021 opinions

Designated for publication Barilla v. City of Houston, 20-20535, appeal from S.D. Tex. Higginson, J. (Owen, Clement, Higginson), First Amendment, standing Reversing district court’s dismissal on grounds of lack of standing of First Amendment suit by plaintiff, an accordionist and would-be busker, challenging Houston ordinances that restrict busking. Plaintiff alleges “that but for the Busking … More September 10, 2021 opinions

August 19, 2021 opinions

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. En banc (Owen, Jones, Smith, Stewart, Dennis, Elrod, Haynes, Graves, Higginson, Costa, Willett, Ho, Engelhardt, Wilson) (recused: Southwick, Duncan, Oldham) Elrod and Willett, JJ., plurality (joined by Jones, Smith, Ho, Engelhardt, Wilson in full; concurred in judgment only by Owen and Haynes); … More August 19, 2021 opinions

July 15, 2021 opinions

Designated for publication Planned Parenthood Gulf Coast, Inc. v. Phillips, 18-30699, appeal from M.D. La. Elrod, J. (Higginbotham, Elrod, Ho), abortion law, § 1983, sovereign immunity Affirming in part and reversing in part district court’s denial of motion to dismiss on sovereign immunity grounds suit by Planned Parenthood against the director of the Louisiana Department … More July 15, 2021 opinions

Take the Fifth: Nov. 23, 2020 opinions

Designated for publication Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc. v. Kauffman, 17-50282, appeal from W.D. Tex. En banc; abortion law, preliminary injunction, stare decisis, § 1983 Owen, J., joined by Jolly, Jones, Smith, Elrod, Southwick, Willett, Ho, Duncan, Engelhardt, JJ.; Haynes, J., concurring in judgment and joining in reasoning … More Take the Fifth: Nov. 23, 2020 opinions

Take the Fifth: Oct. 30, 2020 opinions

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Graves, Haynes, Higginson, Costa, Willett, Ho, Engelhardt, Wilson); abortion law After the October 13 release of the panel opinion affirming the district court’s injunction of enforcement of Texas Senate Bill 8 (requiring that “a … More Take the Fifth: Oct. 30, 2020 opinions

Take the Fifth: Oct. 22, 2020 opinions

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex., designated for publication Dennis, J. (Stewart, Dennis, Willett), Willett, J., dissenting; abortion law; Opinion originally released on October 13, 2020; released in “MODIFIED” form on Oct. 22 in order to append Judge Willett’s dissent; Take the Fifth‘s original summary of the majority … More Take the Fifth: Oct. 22, 2020 opinions