Designated for publication Jones, J. (en banc; joined by Elrod, Smith, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (oral argument); Southwick, J., concurring only in the holding that the court has jurisdiction to consider this appeal; Richman, J., concurring in part/dissenting in part; Haynes, J., dissenting (joined by Stewart, Graves, Higginson, Douglas, Ramirez); Higginson, J., dissenting … More March 30, 2026, opinions
Designated for publication per curiam (voting for en banc rehearing: Jones, Smith, Ho, Duncan, Engelhardt, Oldham; voting against en banc rehearing: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Wilson, Douglas, Ramirez), Jones, J., dissenting from denial of en banc rehearing (joined by Smith, Ho, Duncan, Oldham), Higginson, J., concurring in denial of en banc … More February 27, 2026, opinions
Designated for publication per curiam (en banc; Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez, voting against en banc rehearing; Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, Wilson, voting for en banc rehearing) (oral argument at panel stage), Ho, J., dissenting from denial of en banc rehearing (joined by Jones, Smith); en banc, qualified … More February 20, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Smith, Wilson) (oral argument withdrawn), artificial intelligence, sanctions After unpublished per curiam opinion entered January 6, 2026, vacating sanctions order against plaintiff on Fair Credit Reporting Act claim, the Court of Appeals issued an order for the plaintiff’s counsel to show cause why the Court of Appeals should not … More February 18-19, 2026, opinions
Designated for publication per curiam (Haynes, Ho, Oldham) (oral argument at panel stage), Ho, J., concurring in denial of rehearing en banc; insurance, arbitration, en banc Denying rehearing en banc of panel decision affirming denial of insurers’ motion to compel arbitration as “La. R.S. 22:868 expressly prohibits arbitration agreements for insurance contracts covering property located … More February 9, 2026, opinions
Designated for publication per curiam (Richman, Dennis, Ho, on panel; but Ho, J., writing separately with respect to the issuance of the mandate) (panel originally orally argued); municipal liability, qualified immunity, en banc, mandate Order vacating order withholding issuance of mandate from October 7, 2025, opinion (“per curiam” Dennis, Richman, Ho; Ho, J., concurring; Dennis, … More February 6, 2026, opinions
Designated for publication per curiam (Elrod, Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez) (oral argument), Haynes, J., concurring (joined by Southwick and Douglas); administrative law, en banc In the first of the en banc opinions released from the January 2026 en banc sitting, exactly as we … More February 3, 2026, opinions
Even with one of the en banc arguments canceled and the appeal dismissed for mootness, this was still an en banc sitting for the Fifth Circuit record books. Seven cases heard in six en banc arguments (the two 10 Commandments cases having been consolidated for oral argument only), and on a holiday-shortened week, at that. … More All the January Fifth Circuit En Banc Observations
End of the en banc week at the U.S. Fifth Circuit, one for the record books, and it started early, moving the argument up from 9:00 to 8:30 to give judges and staffs time to get back home, some of them to places that will be snow- and ice-bound starting tonight. Plus, the day’s arguments … More En banc argument observations: Bay Area Unitarian Universalist Church (gun signage)
While observing en banc oral arguments today at the Fifth Circuit, it was hard not to have the driving riff of Led Zeppelin’s “Immigrant Song” on repeat in my head, because today was definitely immigration day. It also was a day of driving riffs, because three out of the four advocates today were the best … More En banc observations: U.S. v. Texas and W.M.M. v. Trump (immigration day)
