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
Willett, J. (Dennis, Willett, Duncan), remand Reversing waiver-based order of remand based on defendant’s participation in state court proceedings. The Fifth Circuit revisited a waiver-based remand dispute after the en banc court had cleared out circuit precedent that the panel had held tied its hands on an earlier review. Edward Festeryga, sued in Texas state … More September 11, 2025, opinions
Unpublished decisions per curiam (Dennis, Oldham, Douglas), criminal, search and seizure Affirming conviction of various drug offenses, upholding district court’s denial of his motion to suppress and its refusal to sever his trial from his co-defendant’s. per curiam (King, Haynes, Ho), prisoner suit Dismissing as frivolous Texas state prisoner’s appeal from dismissal of sec. 1983 … More July 9, 2025, opinions
Designated for publication Ramirez, J. (Dennis, Haynes, Ramirez), Dennis, J., concurring; First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity Affirming district court judgment of facial unconstitutionality and preliminary injunction of state law requiring display of Ten Commandments in all public school classrooms. In June 2024, Louisiana enacted H.B. 71, mandating the display … More June 20-21, 2025, opinions
Designated for publication Higginson, J. (Elrod, Dennis, Higginson), First Amendment, sovereign immunity Affirming in part and vacating in part preliminary injunction against state entities to enjoin Texas law limiting information provided under managed vision plans, as an impingement on commercial speech, and affirming in part and vacating in part motion to dismiss on sovereign immunity … More May 23, 2025, opinions
Designated for publication per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Denying motion to vacate sentence on conviction for illegal reentry. Luis Sanchez-Zurita was sentenced to 240 months for illegal reentry, with an upward variance based on his serious criminal history, including child molestation, failure to register as a sex offender, DUI with a child, and … More May 2, 2025, opinions
Designated for publication per curiam (voting against rehearing: Jones, Smith, Richman, Southwick, Haynes, Willett, Duncan, Engelhardt, Wilson, JJ.; voting for rehearing: Stewart, Graves, Higginson, Douglas, Ramirez, JJ.; Elrod, Ho, Oldham, JJ., not participating in poll); Higginson, J., dissenting from denial of rehearing (joined by Stewart, Graves, Douglas, JJ.); sovereign immunity, contempt Denying rehearing en banc … More February 11, 2025, opinions
Designated for publication Higginson, J. (Davis, Higginson, Douglas), insurance Affirming summary judgment in favor of insurer on bad faith claims under Texas law. Elrod, C.J. (Elrod, Higginbotham, Southwick), criminal, search and seizure, Second Amendment Affirming constitutionality of conviction of possessing an unregistered suppressor in violation of the National Firearms Act, and upholding denial of motion … More February 6, 2025, opinions
Designated for publication Clement, J. (Clement, Graves, Ramirez), international arbitration Reversing district court’s denial of motion to compel arbitration in international arbitral forum, and remanding for further proceedings. Also, granting in part and denying in part motion to strike reply brief. The Court held that, although arbitral forum designated in parties’ contract had been abolished, … More January 27, 2025, opinions
Designated for publication Duncan, J. (Willett, Duncan, Ramirez), Ramirez, J., dissenting; sovereign immunity, Administrative Procedure Act, intergovernmental immunity, Immigration and Nationality Act, trespass Reversing district court’s denial of preliminary injunction, and granting injunction to enjoin Border Patrol “from damaging, destroying, or otherwise interfering with Texas’s [concertina]-wire fence in the vicinity of Eagle Pass, Texas, as … More November 27, 2024, opinions
