Tag: Commerce Clause

June 2, 2026, opinions

June 3, 2026

Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), criminal, sentencing, Sixth Amendment Affirming application of career-criminal sentencing enhancement even though he had no trained interpreter available during the prior criminal proceedings on which the enhancement was based. Heraclio Duran-Gonzalez had two prior federal convictions for conspiring to possess marijuana with intent to distribute … More June 2, 2026, opinions

May 26, 2026, opinions

May 27, 2026

Designated for publication Smith, J. (Higginbotham, Smith, Oldham) (oral argument), criminal, sentencing, guilty plea Dismissing appeal of supervised release conditions in sentence, on basis that appeal was barred by appeal-waiver in plea agreement. Jamie Hackney pleaded guilty to production and transportation of child pornography. Per his plea agreement, he waived his right to appeal his … More May 26, 2026, opinions

May 18, 2026, opinions

May 19, 2026

Designated for publication Smith, J. (Higginbotham, Smith, Oldham) (oral argument), immigration, Administrative Procedures Act, timeliness Affirming dismissal of claims arising from denial of issuance of passport to plaintiff on basis of failure to prove citizenship. Hector Cortez claims he was born in Laredo, Texas. About a decade ago, he used his U.S. passport to travel … More May 18, 2026, opinions

May 15, 2026, opinions

May 18, 2026

Designated for publication Engelhardt, J. (Jones, Engelhardt, Summerhays, by designation) (oral argument), Jones, J., dissenting; international child custody, Hague Convention Affirming order to return children to custodial parent in Canada; vacating preliminary injunction enjoining Texas courts from conducting further proceedings and ordering Canadian courts to adjudicate custody. Sarah Moreau and Andrew White married and lived … More May 15, 2026, opinions

April 20, 2026, opinions

April 21, 2026

Designated for publication Ho, J. (Clement, Graves, Ho) (oral argument), Fourth Amendment, qualified immunity Reversing denial of summary judgment to defendants in excessive force claims. Amanda Carter’s minor daughter attended Live Oak High School. In February 2022, a Louisiana Department of Children and Family Services agent visited the Carters’ home to investigate a report of … More April 20, 2026, opinions

April 9, 2026, opinions

April 10, 2026

Unpublished decisions per curiam (King, Haynes, Ho) (oral argument), immigration Denying Egyptian citizen’s petition for review of BIA order affirming the immigration judge’s denial of motion to reconsider the denial of his motion to reopen removal proceedings. Moselhy, a native and citizen of Egypt, raised due process claims and argued the agency violated regulations governing … More April 9, 2026, opinions

March 23, 2026, opinions

March 24, 2026

Designated for publication per curiam (Wiener, Willett, Wilson) (no oral argument), Willett, J., concurring (joined by Wilson, J.); criminal, Second Amendment, Commerce Clause Affirming conviction of possession of a firearm by a felon Jaterron Williamson was convicted of possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1). He had three prior … More March 23, 2026, opinions

January 13, 2026, opinions

January 14, 2026

Designated for publication per curiam (Richman, Ho; Dennis on panel but not participating in this order) (oral argument at the merits stage), Ho, J., dissenting from denial of panel rehearing; municipal liability, qualified immunity, First Amendment Denying petition for panel rehearing of October 7, 2025, opinion that had affirmed qualified immunity dismissal of police officers … More January 13, 2026, opinions

November 18-20, 2025, opinions

November 24, 2025

Designated for publication Higginbotham, J. (Higginbotham, Ho, Douglas) (no oral argument), Federal Tort Claims Act Affirming dismissal of FTCA claims. The Fifth Circuit reviewed pro se claims brought by Howard and Theresa Ellsworth under the Federal Tort Claims Act (FTCA), arising from alleged negligent diabetes treatment Mr. Ellsworth received at VA facilities between 2016 and … More November 18-20, 2025, opinions

October 7, 2025, opinions

October 8, 2025

Designated for publication Jones, J. (Elrod, Jones, Stewart) (oral argument), equal protection clause, First Amendment, Commerce Clause Affirming in part and reversing in part district court’s summary judgment finding city’s short-term rental regulations constitutional, and remanding for further proceedings. The Fifth Circuit reviewed New Orleans’s regulation of short-term rentals (STRs)—defined as rentals of fewer than … More October 7, 2025, opinions