Unpublished decisions per curiam (Jones, Duncan, Douglas) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Southwick, Oldham) (no oral argument), civil Affirming judgment in favor of defendant, with no description of claims or appeal issues. per curiam (Richman, Willett, Douglas) (oral argument), Willett, J., dissenting in part; vaccine … More October 22, 2025, opinions
Designated for publication Douglas, J. (Wiener, Douglas, Ramirez) (oral argument), Ramirez, J., dissenting; habeas corpus, speedy trial, Sixth Amendment, AEDPA Reversing denial of § 2254 petition and remanding with instructions to issue writ of habeas corpus regarding petitioner’s speedy trial claim arising from the elapsing of 1,233 days between his arrest and his state court … More October 16, 2025, opinions
Designated for publication Clement, J. (Clement, Engelhardt, Wilson) (oral argument), Title VII, employment discrimination, labor law, jury instructions, pleadings amendment Denying petition for en banc rehearing, but granting petition for panel rehearing and substituting a new opinion in place of the panel’s May 8, 2025, opinion; reversing the denial of Southwest’s motion for judgment as a matter of law … More October 14-15, 2025, opinions
Designated for publication per curiam (en banc); en banc, First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity Granting en banc rehearing of June 20, 2025, panel opinion (Dennis, Haynes, Ramirez; Dennis, J., concurring) affirming district court judgment of facial unconstitutionality and preliminary injunction of state law requiring display of Ten Commandments in … More October 6, 2025, opinions
Unpublished decisions per curiam (Stewart, Graves, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal.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, Higginbotham, Smith), Clean Air Act, administrative law, Administrative Procedure Act, venue On remand from U.S. Supreme Court, original panel opinion from November 22, 2023 (Elrod, Smith, Higginbotham; Higginbotham, J., dissenting) (vacating EPA decision to deny refineries’ requested exemptions from the Renewable Fuel Standard program of the Clean Air Act), … More August 7, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Duncan, Engelhardt), employment discrimination, COVID-19 Reversing summary judgment in favor of the employer on the plaintiff former employee’s Title VII religious discrimination claim arising from his termination after refusing to get the COVID-19 vaccination and the employer failing to grant him a religious exemption, and remanding for further proceedings. … More August 5, 2025, opinions
Designated for publication Ho, J. (Higginbotham, Willett, Ho), election law Reversing district court judgment that Texas election law requiring an ID number on the mail-in ballot application and on the mail-in ballot violated federal law, and rendering judgment for Texas official defendants. The Fifth Circuit upheld Texas’s Election Protection and Integrity Act of 2021, which … More August 4, 2025, opinions
Designated for publication per curiam (en banc), habeas corpus, Brady violation, en banc Ordering en banc rehearing of now-vacated March 7, 2025, panel opinion (Higginbotham, J., joined by Higginson, J.; Duncan, J., dissenting) reversing district court’s denial of habeas petition based on prosecution’s failure to disclose witness’s status as confidential informant). Unpublished decisions per curiam … More July 30, 2025, opinions
Designated for publication Smith, J. (Smith, Graves, Duncan), Equal Protection Clause, Title VI, mootness Affirming dismissal of challenge to University of Texas’s pre-Harvard policy as moot, reversing mootness dismissal of challenge to post-Harvard policy, and remanding for further proceedings. The Fifth Circuit considered whether UT’s revised admissions practices complied with the Supreme Court’s 2023 ruling … More July 11, 2025, opinions
