Designated for publication Duncan, J. (Southwick, Duncan, Engelhardt) (no oral argument), abortion law, standing, administrative law Granting Louisiana’s motion to stay the FDA’s 2023 REMS (order allowing mifepristone to be prescribed online and dispensed through the mail without any in-person doctor visit) pending appeal under 5 U.S.C. § 705. After Dobbs v. Jackson Women’s Health … More May 1, 2026, opinions
Unpublished decisions per curiam (Wiener, Willett, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Graves, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Richman, Willett) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam … More April 27, 2026, opinions
Unpublished decisions per curiam (King, Haynes, Ho) (oral argument), immigration Denying Egyptian citizen’s petition for review of BIA order affirming the immigration judge’s denial of motion to reconsider the denial of his motion to reopen removal proceedings. Moselhy, a native and citizen of Egypt, raised due process claims and argued the agency violated regulations governing … More April 9, 2026, opinions
Designated for publication Ho, J. (Haynes, Higginson, Ho) (no oral argument), Higginson, J., dissenting; mandamus, venue, antitrust Granting mandamus to compel the district court to transfer venue to the Northern District of California. Branch Metrics, Inc. sued Google, LLC in the Eastern District of Texas, alleging Sherman Act violations based on documents uncovered during the … More April 7, 2026, opinions
Designated for publication per curiam (Southwick, Duncan, Engelhardt) (oral argument), mootness, criminal, Crime Victims’ Rights Act, mandamus Denying writs of mandamus sought by families of victims of Boeing air crash that challenged a Deferred Prosecution Agreement and a subsequent non-prosecution agreement between the Department of Justice and Boeing. Following two Boeing 737 MAX crashes — … More March 31, 2026, opinions
Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument), Haynes, J., “simply joins in the denial” without separate concurring opinion; class action, mandamus, Fair Labor Standards Act Denying writ of mandamus from district court’s certification of collective action under the Fair Labor Standards Act. The Fifth Circuit denied the employer’s petition for a … More March 10-11, 2026, opinions
Designated for publication Engelhardt, J. (Higginson, Willett, Engelhardt) (oral argument), Willett, J., concurring in part; class action, employment, Americans with Disabilities Act Affirming district court’s rejection of two proposed classes and certification of one modified subclass of United Airlines employees who sought religious accommodations from COVID-19 vaccine mandate and who were accommodated with unpaid leave. … More March 9, 2026, opinions
Designated for publication Summerhays, J. (Jones, Engelhardt, Summerhays, by designation) (oral argument), maritime law Affirming summary judgment for vessel owner on longshore worker’s claim of vessel negligence. Balvina Renteria, a longshore worker unloading cargo from the M/V Star Juventas, fell about ten feet when she stepped on plastic sheeting covering a gap between stacked rolls … More March 6, 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 Smith, J. (Elrod, Smith, Wilson) (oral argument), civil rights, injunction, appellate jurisdiction Dismissing for lack of appellate jurisdiction appeal from denial of motion to dismiss or strike plaintiffs’ motion to modify a desegregation injunction for the Parish School Board. The case arises from a long-running school desegregation injunction imposed on the School … More February 10, 2026, opinions
