Tag: en banc

October 9-10, 2026, opinions

October 12, 2026

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

September 14, 2026, opinions

September 15, 2026

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

September 4, 2026, opinions

September 7, 2026

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

August 17-18, 2026, opinions

August 19, 2026

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

August 14, 2026, opinions

August 19, 2026

Designated for publication per curiam (Elrod, Clement, Oldham) (oral argument withdrawn), immigration Denying Salvadoran citizen’s petition for review of BIA’s denial of his request for deferral of removal under the Convention Against Torture.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

August 13, 2026, opinions

August 14, 2026

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

August 12, 2026, opinions

August 13, 2026

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

August 11, 2026, opinions

August 12, 2026

Designated for publication Oldham, J. (Haynes, Ho, Oldham), Haynes, J., concurring in judgment (oral argument), administrative law, appellate jurisdiction Denying DOE’s motion to dismiss for lack of jurisdiction, and granting petition to review DOE order; remanding to DOE for further proceedings. In February 2024, the Department of Energy promulgated a “Direct Final Rule” (DFR) establishing … More August 11, 2026, opinions

July 31, 2026, opinions

August 3, 2026

Designated for publication Duncan, J. (King, Higginson, Duncan) (no oral argument), tax law Granting motion to modify original panel opinion rendered June 8, 2026, and substituting new opinion that likewise affirmed tax court’s judgment upholding imposition of estate-tax liability and assessment of 20% negligence penalty. Anne Milner Fields, a businesswoman diagnosed with Alzheimer’s in 2011, … More July 31, 2026, opinions

July 30, 2026, opinions

July 31, 2026

Designated for publication per curiam (en banc; voting against en banc rehearing: Elrod, Jones, Smith, Richman, Southwick, Haynes, Ho, Duncan, Oldham, Wilson; voting for en banc rehearing: Stewart, Graves, Higginson, Willett, Douglas, Ramirez; Englehardt, J., not participating), Ho, J., concurring in denial, Willett, J., dissenting from denial (joined by Stewart, Graves, Higginson, Douglas, Ramirez) (oral … More July 30, 2026, opinions