Tag: nondelegation doctrine

August 26, 2026, opinions

August 27, 2026

Designated for publication Higginson, J. (King, Higginson, Duncan) (oral argument), Duncan, J., dissenting; criminal, sentencing Vacating 46-month sentence on conviction of illegal reentry, and remanding for resentencing. Alexander Palencia-Berrum pled guilty to illegal reentry under 8 U.S.C. § 1326. His criminal history included three DWI convictions, an obstruction/minor-in-possession conviction, a domestic battery guilty plea, a … More August 26, 2026, opinions

June 24, 2026, opinions

June 25, 2026

Designated for publication Wilson, J. (Southwick, Graves, Wilson) (oral argument), default judgment, service of process, damages, Rule 60 Affirming denial of Rule 60(b) relief from default judgment. After a December 2021 multi-vehicle crash on I-20 in Mississippi, Cheryl Roberts and William Chambers sued KJ Win, Inc., a California-incorporated trucking company, alleging its driver negligently parked … More June 24, 2026, opinions

June 11, 2026, opinions

June 12, 2026

Designated for publication Duncan, J. (King, Duncan, Engelhardt) (oral argument before original panel decision), nondelegation doctrine, appointments clause, due process, standing On remand from the U.S. Supreme Court, for reconsideration of the panel’s original July 5, 2024, decision in light of FCC v. Consumers’ Research, reissuing the original panel decision, with a new section explaining how FCC does … More June 11, 2026, opinions

September 10-12, 2024, opinions

September 13, 2024

Designated for publication per curiam (Jones, Ho, Wilson), Ho, J., concurring; criminal, sentencing On remand from the U.S. Supreme Court, affirming defendant’s conviction of being in possession of a firearm while subject to a domestic violence restraining order; and affirming sentence of 73 months to run consecutively with any state court sentence on pending charges. … More September 10-12, 2024, opinions

July 24, 2024, opinions

July 25, 2024

Designated for publication Oldham, J. (joined by Jones, Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.); Elrod, J., concurring (joined by Ho, Engelhardt, JJ.); Ho, J., concurring; Stewart, J., dissenting (joined by Richman, Southwick, Haynes, Graves, Higginson, Douglas, JJ.); Higginson, J., dissenting (joined by Stewart, Southwick, Graves, Douglas, JJ.); nondelegation doctrine On en banc rehearing, … More July 24, 2024, opinions

July 1-17, 2024, opinions

July 19, 2024

Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions

December 15, 2023, opinions

December 18, 2023

Designated for publication Southwick, J. (Barksdale, Southwick, Higginson), Higginson, J., dissenting; voting rights, election law, standing Reversing summary judgment in favor of voter advocacy organization, and rendering judgment in favor of Texas officials (actively defended by intervenor attorney general) rejecting organization’s challenge to Texas’s original “wet” signature requirement as a violation of the Civil Rights … More December 15, 2023, opinions

March 24, 2023, opinions

March 27, 2023

Designated for publication Wiener, J. (Wiener, Stewart, Engelhardt), breach of contract Affirming judgment that original ship owners were in default on their loan agreements for the mortgages that financed construction of the vessels, and that, under Panamanian law, the lenders’ preferred ship mortgages outranked the state-created liens of a purchaser who agreed to purchase the … More March 24, 2023, opinions

Take the Fifth: April 8-9, 2021 opinions

April 12, 2021

Designated for publication Texas v. Rettig, 18-10545, appeal from N.D. Tex. per curiam (Barksdale, Haynes, Willett), Ho, J., dissenting (joined by Jones, Smith, Elrod, Duncan, JJ.); nondelegation doctrine Denying petition for rehearing en banc (Chief Judge Owen and Judges Stewart, Dennis, Southwick, Haynes, Graves, Higginson, Costa, Willett, Engelhardt, and Wilson voting against rehearing). Judge Ho … More Take the Fifth: April 8-9, 2021 opinions