Unpublished decisions per curiam (Stewart, Graves, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Ho), civil Affirming dismissal of plaintiff’s pro se civil complaint, with no description of claims or appeal issue involved. per curiam (Jones, Duncan, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam … More September 24-26, 2025, opinions
Designated for publication per curiam (Elrod, King, Graves), Elrod, C.J., concurring; Graves, J., dissenting; criminal, Second Amendment Affirming conviction of possession of a firearm by a felon. Alvaro Alejandro Mancilla pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) after he and his cousin were arrested at a … More September 10, 2025, opinions
Designated for publication Southwick, J. (Southwick, Oldham, Ramirez), Ramirez, J., dissenting in part; Oldham, J., dissenting; immigration, due process, Alien Enemies Act, habeas corpus On remand from U.S. Supreme Court’s grant of temporary restraining order halting deportation of petitioners under the Alien Enemies Act, granting preliminary injunction blocking removal of petitioners, leaving in place government’s … More September 1-3, 2025, opinions
Designated for publication Willett, J. (Higginbotham, Willett, Ho), Ho, J., dissenting; judicial immunity, sec. 1983, appellate jurisdiction Reversing denial of judicial immunity for defendants on claims arising from prevailing over jury proceedings, and dismissing plaintiffs’ appeal from grant of judicial immunity over other sec. 1983 claims as that ruling was at the interlocutory stage. Loving … More August 1, 2025, opinions
Designated for publication Graves, J. (Clement, Graves, Willett), venue Granting in part petition for writ of mandamus, vacating order denying transfer of venue, and remanding for district court to conduct appropriate venue analysis. The case stems from a November 2023 article by Media Matters criticizing X Corp. (formerly Twitter) for placing major brand ads alongside … More July 15, 2025, opinions
Designated for publication Willett, J. (Richman, Willett, Douglas), Douglas, J., concurring; labor law Reversing NLRB order that Apple violated the National Labor Relations Act at an Apple retail store by coercively interrogating an employee and by removing unionization literature from a break room. This Fifth Circuit case arises from unionization efforts at an Apple retail … More July 7, 2025, opinions
Designated for publication Granting en banc rehearing of unpublished February 26, 2025, panel opinion (Barksdale, Southwick, Graves, per curiam) reversing denial of summary judgment dismissal of plaintiff’s implied-false-certification claim and remanding for dismissal of case. Higginson, J. (Davis, Higginson, Douglas), search and seizure, administrative law, standing Vacating summary judgment in favor of airplane part manufacturer … More June 26, 2025, opinions
Designated for publication Ramirez, J. (Dennis, Haynes, Ramirez), Dennis, J., concurring; First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity Affirming district court judgment of facial unconstitutionality and preliminary injunction of state law requiring display of Ten Commandments in all public school classrooms. In June 2024, Louisiana enacted H.B. 71, mandating the display … More June 20-21, 2025, opinions
Designated for publication Stewart, J. (Stewart, Clement, Willett), criminal, sufficiency of evidence, restitution Affirming conviction of operator of compound pharmacy for receiving illegal kickbacks as part of a conspiracy to induce physicians to prescribe highly lucrative prescriptions, and affirming restitution award. Xpress Compounding was a pharmacy focused on maximizing profits through pain cream prescriptions billed … More June 5, 2025, opinions
Designated for publication per curiam (Ho, Wilson, Ramirez), Ho, J., concurring; appellate jurisdiction On remand from the U.S. Supreme Court with an order for the Fifth Circuit to hear the appeal expeditiously, ordering the case to be set on the next available oral argument panel. Judge Ho concurred, noting that the Court had to comply … More May 20, 2025, opinions
