Designated for publication Kernodle, J. (Southwick, Duncan, Kernodle, by designation), COVID-19, mootness, standing Reversing district court’s dismissal as moot of challenge to Air Force’s COVID-19 vaccine mandate after Air Force rescinded the mandate, and reversing dismissal for lack of standing of plaintiff who had been separated from service, and remanding for further proceedings. The Court … More September 23, 2024, opinions
Unpublished per curiam (Stewart, Dennis, Wilson), workers’ compensation Affirming judgment against workers’ compensation insurer regarding voidability of policy under Mississippi law. per curiam (Southwick, Haynes, Douglas), criminal, sentencing Vacating 156-month sentence on conviction of carjacking and brandishing a firearm during a crime of violence, where district court expressed mistaken belief that Guidelines range was 84 … More September 3, 2024, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), securities fraud Denying second petition for en banc rehearing, no active-duty judge having requested a poll, and re-issuing mandate. The Court held that the district court judge’s finding of unclean hands, such that no setoff was awarded, rather than the unclean-hands issue going to the jury, was … More August 26-27, 2024, opinions
Designated for publication Richman, C.J. (Richman, Ho, Engelhardt), Ho, J., dissenting in part; immigration Granting Cameroonian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for asylum and withholding of removal (denying petition for review of denial of protection under the Convention Against Torture), vacating BIA’s opinion, and remanding for … More August 16-21, 2024, opinions
Designated for publication Smith, J. (joined by Jones, Stewart, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Ramirez, JJ.); Haynes, J., concurring in judgment only; Richman, C.J., dissenting (joined by Elrod, Graves, Douglas, JJ.); criminal, sufficiency of evidence, Miranda rights, due process On en banc rehearing of panel opinion that had reversed on the basis … More June 5-7, 2024, opinions
Designated for publication Engelhardt, J. (King, Ho, Engelhardt), Ho, J., dissenting in part; First Amendment, antitrust, standing, mootness, amendment In First Amendment and antitrust claims by physicians’ professional association against governing boards and against the Secretary of the Department of Homeland Security arising from labeling as misinformation or disinformation of some physicians’ views on Covid … More June 3, 2024, opinions
Designated for publication Ramirez, J. (Richman, Oldham, Ramirez), criminal, sentencing, sufficiency of evidence, search and seizure Affirming convictions for money laundering, holding that sufficient evidence in the record supported the convictions, upholding denial of motion to suppress, finding no abuse of discretion in application of sentencing enhancements, and finding no abuse of discretion in denial … More April 23, 2024, opinions
Designated for publication Elrod, J. (joined by Richman, Jones, Smith, Stewart, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Douglas, Ramirez, JJ.) (Judges Southwick, Graves, and Wilson recused); Dennis, J., concurring in judgment only (joined by Higginson, Ramirez, JJ.); Ho, J., concurring (joined by Stewart, Elrod, Higginson, Ramirez, JJ.); mootness, appellate jurisdiction, standing In en banc … More April 1-2, 2024, opinions
Unpublished per curiam (Stewart, Dennis, Wilson), securities fraud, receivership, mootness Dismissing as moot appeal from order ratifying a settlement agreement executed by court-appointed receiver, due to subsequent events in the litigation. per curiam (Wiener, Stewart, Douglas), criminal Affirming conviction of being a felon in possession of a firearm. per curiam (Jolly, Engelhardt, Douglas), criminal, sentencing … More March 13, 2024, opinions
Designated for publication Duncan, J. (Richman, Haynes, Duncan), Administrative Procedures Act, preemption, healthcare law Affirming in part and reversing in part district court’s judgment that Title X of the Public Health Service Act violates the plaintiff’s constitutional right to consent to the provision of contraceptive care to his minor daughters and that a regulation promulgated … More March 11-12, 2024, opinions
