Designated for publication per curiam (en banc), immigration, die process, en banc In relation to the en banc rehearing of the July 2 opinion affirming that immigrants’ due process rights were violated by detention more than 90 days without bond hearings, which rehearing was ordered quickly on the heels of the panel opinion, on July … More July 21, 2026, opinions
Designated for publication per curiam (en banc), Higginson, J., dissenting from grant of en banc rehearing; criminal, Second Amendment, Commerce Clause, en banc Granting en banc rehearing of June 2 panel decision (Clement, Southwick, Engelhardt) that affirmed a conviction of possession of a firearm by a felon, rejecting an as-applied Second Amendment challenge. In a … More July 20, 2026, opinions
Designated for publication Clement, J. (Jones, Clement, Richman) (oral argument), criminal, sentencing Affirming 180-month sentence on conviction of selling methamphetamine that was based on a criminal history score that included an expunged state conviction. Juan Payne pleaded guilty to selling methamphetamine (461.9 grams in two transactions) under 21 U.S.C. § 841(a)(1) and (b)(1)(A). While his … More July 10, 2026, opinions
Designated for publication Willett, J. (Higginson, Willett, Engelhardt) (oral argument at original panel stage), preemption, taking, Contracts Clause Granting petition for panel rehearing and substituting for February 9, 2026, panel opinion, affirming summary judgment for Louisiana on pharmaceutical companies’ and trade group’s challenge to Louisiana statute on drug purchases. Pharmaceutical manufacturers AbbVie, AstraZeneca, and trade … More July 1-7, 2026, opinions
Designated for publication per curiam (en banc), First Amendment, en banc Ordering en banc hearing in the first instance, and consolidating for purposes of argument only, of two district court injunction decisions regarding the Texas A&M system’s dragshows policy–one from the Northern District of Texas (Spectrum WT) denying a preliminary injunction against a university ban … More June 22, 2026, opinions
Designated for publication per curiam (en banc: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez, JJ., voting against rehearing; Jones, Smith, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., voting for rehearing) (oral argument at panel stage); election law, standing, sovereign immunity, en banc Denying rehearing en banc of December 31, 2025, panel opinion (Richman, … More June 1, 2026, opinions
Designated for publication U.S. v. Wilson, 24-10633, appeal from N.D. Tex. per curiam (Jones, Smith, Graves, Ho, Duncan, Engelhardt, Oldham, voting for en banc rehearing; Elrod, Stewart, Richman, Southwick, Haynes, Higginson, Willett, Wilson, Douglas, Ramirez, voting against en banc rehearing) (oral argument at panel stage); Willett, J., issuing opinion “respecting the denial” (joined by Elrod, … More April 30, 2026, opinions
Designated for publication per curiam (en banc) (oral argument at panel stage); en banc, arbitration, ERISA Granting en banc rehearing of December 18, 2025, panel opinion (Higginbotham, Jones, Southwick; Jones, J., dissenting in part), that had affirmed that the threshold question of arbitrability belonged to the court because the master services agreement between the parties … More April 28, 2026, opinions
Designated for publication Smith, J. (joined by Elrod, Jones, Haynes, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (oral argument); Ho, J., concurring; Oldham, J., concurring (joined by Elrod, Jones, Willett, Ho, Duncan, Engelhardt); Richman, J., dissenting (joined by Stewart, Southwick, Higginson, Ramirez, and joined by Graves and Douglas as to part II on standing); Graves, J., … More April 24, 2026, opinions
Designated for publication Duncan, J. (joined by Elrod, Jones, Smith, Willett, Ho, Engelhardt, Oldham, Wilson; except Willett, Ho, Oldham do not join as to standing/justiciability); Ho, J., concurring; Oldham, J., concurring (joined by Willett); Ramirez, J., dissenting (joined by Stewart, Richman, Haynes, Graves, Higginson, Douglas); Southwick, J., dissenting (joined by Richman, Graves, Higginson, Douglas, Ramirez); … More April 21, 2026, opinions
