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
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
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
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
