Designated for publication Ho, J. (Stewart, Higginson, Ho) (no oral argument), removal, diversity jurisdiction, personal tort Vacating remand order in case removed on basis of diversity jurisdiction, and remanding to federal district court for further proceedings. Rubidia De Chavez and other plaintiffs brought a state-law tort suit following the death of her husband against several … More October 30, 2026, decisions
Designated for publication en banc (oral argument at panel stage); en banc, standing, preemption, First Amendment Granting en banc rehearing of July 24, 2026, panel opinion (Higginbotham, Ho, Douglas; Ho, J., dissenting in part) that had affirmed preliminary injunction of Texas social media regulation statute as to monitoring and filtering requirements as preempted by federal … More October 28, 2026, opinions
Designated for publication Higginson, J. (Haynes, Higginson, Ho) (oral argument), standing, breach of contract, Federal Wiretap Act Reversing dismissal of suit based on use of Meta “Pixel” on defendant’s website, on standing grounds, and remanding. Eyemart Express operates retail stores and a website where customers browse products, purchase prescription eyewear, and schedule eye exams. Eyemart … More October 23, 2026, opinions
Designated for publication en banc per curiam (coting against rehearing: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez; voting for rehearing: Jones, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (no oral argument); Richman, J., concurring in denial of rehearing; Ho, J., dissenting from denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined … More October 9-10, 2026, opinions
Designated for publication per curiam (en banc) (no oral argument at panel stage), criminal, Second Amendment, en banc Vacating May 20, 2026, panel opinion (per curiam — Haynes, Ho, Oldham; Ho, J. and Oldham, J., each separately concurring), and granting petition for rehearing en banc. Panel opinion had affirmed conviction of possession of a firearm … More September 14, 2026, opinions
Designated for publication Willett, J. (Stewart, Clement, Willett) (oral argument heard on initial review); criminal, guilty plea, Second Amendment, Commerce Clause Upon remand from U.S. Supreme Court, affirming conviction of firearm-possession-by-controlled-substance-user on guilty plea, rejecting challenge to appeal-waiver. Kenleone Joe Nyandoro was charged with possessing a firearm as an unlawful user of a controlled substance … More September 4, 2026, opinions
Designated for publication Higginson, J. (Richman, Higginson, Douglas) (oral argument), criminal, sufficiency of evidence, witness testimony, evidence, sentencing, Second Amendment, Commerce Clause Affirming conviction and sentence on drug and firearms charges. Travis Enclade and Terence Wilson, relatives suspected of narcotics trafficking in New Orleans, were the subjects of a two-month DEA surveillance operation using pole … More August 17-18, 2026, opinions
Designated for publication per curiam (Elrod, Clement, Oldham) (oral argument withdrawn), immigration Denying Salvadoran citizen’s petition for review of BIA’s denial of his request for deferral of removal under the Convention Against Torture. Jose Mauricio Lopez-Barrera, a Salvadoran national, petitioned for review of the BIA’s denial of his request for deferral of removal under the … More August 14, 2026, opinions
Designated for publication Elrod, C.J. (joined by Jones, Smith, Stewart, Richman, Southwick, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.), Haynes, J., concurring in denial only (w/o separate opinion); immigration, amendment Denying, without prejudice, motion to amend on appeal to add five new class representatives Three Venezuelan nationals filed a habeas petition … More August 13, 2026, opinions
Designated for publication Oldham, J. (Higginbotham, Smith, Oldham) (oral argument), election law, Americans with Disabilities Act, standing Reversing permanent injunction against provisions of Texas SB 1’s imposition of certain elections restrictions under Title II of the ADA. Multiple civil-rights organizations challenged nine provisions of Texas Senate Bill 1 (the Election Protection and Integrity Act of … More August 12, 2026, opinions
