Designated for publication per curiam (Smith, Higginson; decided by quorum as Judge Wiener was originally on panel but did not participate in decision) (oral argument); Rule 59; attorney misconduct; juror statements; First Amendment Vacating judgment for defendant on First Amendment claims by member of public whose comments at Parish Council meeting were cut off. Joy … More October 16, 2026, decisions
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 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 (Smith, Haynes, Oldham) (no oral argument), Oldham, J., concurring; criminal, sentencing, party-presentation principle, Anders motion Presumably denying Anders motion, vacating 46-month sentence, and remanding for resentencing. “I do not object to the majority’s approach to this case. But I write separately to emphasize its implications for the so-called party-presentation principle. … More April 16, 2026, opinions
Designated for publication Duncan, J. (Jones, Duncan, Douglas) (oral argument), breach of contract, insurance Affirming dismissal of claims under two sections of reinsurance agreement, but reversing dismissal of claim under a third section, and remanding for further proceedings. Porch.com’s subsidiary, Homeowners of America Insurance Co. (HOA), entered into a reinsurance-intermediary-authorization agreement (RIAA) with Gallagher, a … More April 2, 2026, opinions
Designated for publication en banc (orally argued to merits panel), Quorum Clause, en banc Ordering en banc rehearing of August 15, 2025, panel opinion (Graves, Higginson, Wilson [dissenting]) reversing district court’s judgment that the Quorum Clause of the Constitution requires physical presence by members of Congress to conduct votes, and vacating permanent injunction of portions … More January 14-15, 2026, opinions
Designated for publication Clement, J. (Clement, Graves, Ho) (oral argument withdrawn), Ho, J., concurring; criminal, sentencing Vacating sentence on conviction of failing to register as a sex offender, and remanding for resentencing. The Fifth Circuit held that the district court erred in sentencing Sergio Yovani Quintanilla-Matamoros based on an incorrect sex-offender tier under the Sex … More January 9, 2026, opinions
Published decisions per curiam (Elrod, Jones, Higginson) (no oral argument), Higginson, J., dissenting; criminal, discovery, sealed records Granting unopposed motion for summary reversal of unexplained denial of joint unopposed motion for entry of modified protective order for production of criminal discovery records. Finding: “The dissent raises the concern that a reversal of the District Court’s … More October 23-24, 2025, opinions
Designated for publication Stewart, J. (Jones, Stewart, Ramirez) (oral argument), criminal, sufficiency of evidence, testimony, jury instruction Affirming conviction of bank fraud, conspiracy to commit bank fraud, and making false entries in bank records. A federal jury convicted Ashton J. Ryan, Jr.—former President/CEO of First NBC Bank and Chair of its Board—of conspiracy to commit … More October 17, 2025, opinions
Designated for publication per curiam (en banc); en banc, First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity Granting en banc rehearing of June 20, 2025, panel opinion (Dennis, Haynes, Ramirez; Dennis, J., concurring) affirming district court judgment of facial unconstitutionality and preliminary injunction of state law requiring display of Ten Commandments in … More October 6, 2025, opinions
