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
Designated for publication Douglas, J. (Southwick, Higginson, Douglas) (oral argument), trade secrets, RICO Reversing dismissal of plaintiff’s RICO/theft-of-trade-secrets claim, and remanding for further proceedings. EnvTech, Inc. is a company that developed a confidential proprietary one-step chemical formula and cleaning process for hydrofluoric acid alkylation (“HF alky”) units in oil refineries, controlling roughly 80% of the … More June 9 2026, opinions
Designated for publication Duncan, J. (King, Higginson, Duncan) (no oral argument), tax law Affirming tax court’s judgment upholding imposition of estate-tax liability and assessment of 20% negligence penalty. As Anne Milner Fields’s health rapidly declined in 2016 due to end-stage Alzheimer’s, her great-nephew and agent Bryan Milner transferred approximately $17 million of her assets into … More June 8, 2026, opinions
Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument at motion stage), Haynes, J., concurring in order only (w/o op.); First Amendment, vagueness, injunctions Granting defendant Texas’s motion for stay of preliminary injunction pending appeal regarding SB 2420, which placed age and parental-guidance regulations on app stores and in-app purchases. The Texas Legislature … More June 4, 2026, opinions
Designated for publication Clement, J. (Clement, Southwick, Engelhardt) (no oral argument), qualified immunity, appellate jurisdiction Vacating judgment denying dismissal and failing to mention qualified immunity defense, and remanding for further proceedings. Plaintiffs Patricia Anna Wertenbroch and Kulwant Singh Atwal sued Clint Hardeman, the City Manager of Pittsburg, Texas, under 42 U.S.C. § 1983, alleging he … More June 3, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), criminal, sentencing, Sixth Amendment Affirming application of career-criminal sentencing enhancement even though he had no trained interpreter available during the prior criminal proceedings on which the enhancement was based. Heraclio Duran-Gonzalez had two prior federal convictions for conspiring to possess marijuana with intent to distribute … More June 2, 2026, opinions
Designated for publication per curiam (en banc: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez, JJ., voting against rehearing; Jones, Smith, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., voting for rehearing) (oral argument at panel stage); election law, standing, sovereign immunity, en banc Denying rehearing en banc of December 31, 2025, panel opinion (Richman, … More June 1, 2026, opinions
Designated for publication Wilson, J. (King, Higginson, Wilson) (oral argument), criminal, sentencing Affirming 60-month sentence on conviction of conspiracy to distribute and possess with intent to distribute marijuana. James Troy Phillips led police on a high-speed car chase reaching over 135 miles per hour to evade a traffic stop because he had a large quantity … More May 27-28, 2026, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Oldham) (oral argument), criminal, sentencing, guilty plea Dismissing appeal of supervised release conditions in sentence, on basis that appeal was barred by appeal-waiver in plea agreement. Jamie Hackney pleaded guilty to production and transportation of child pornography. Per his plea agreement, he waived his right to appeal his … More May 26, 2026, opinions
Published decisions per curiam (Davis, Engelhardt, Oldham) (oral argument on original panel decision), federal officer jurisdiction On remand from U.S. Supreme Court on issue of federal officer removal, which had vacated the Fifth Circuit’s affirmance of the district courts’ remands to state courts, in turn remanding to district courts with instructions to proceed “consistent with … More May 22, 2026, opinions
