Designated for publication Douglas, J. (Jones, Duncan, Douglas) (oral argument), standing, subject matter jurisdiction, administrative law Affirming dismissal of suit challenging final rules of the Department of Energy under the Energy Policy and Conservation Act, holding that the Circuit Courts Appeals had exclusive jurisdiction over such judicial review challenged under the EPCA, to the exclusion … More October 6-7, 2026, opinions
Designated for publication Oldham, J. (Wiener, Engelhardt, Oldham) (oral argument), First Amendment, standing, mootness Affirming permanent injunction against restriction on film projection, reversing dismissal on standing grounds of plaintiff’s facial overbreadth challenge, and remanding for further proceedings. University of Mississippi film professor John Rash sought to host PROJECT(ion), a free nighttime public art event projecting … More September 17, 2026, opinions
Designated for publication Richman, J. (Richman, Higginson, Oldham) (oral argument), Oldham, J., dubitante; appellate jurisdiction, anti-SLAPP, defamation Affirming denial of motion to strike under Louisiana’s anti-SLAPP statute. Luke Sahs, a former student at Loyola University New Orleans, sued the university asserting defamation and related claims after a series of events stemming from a school-sponsored trip … More September 11, 2026, opinions
Unpublished decisions per curiam (Willett, Duncan, Engelhardt) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wiener, Graves, Haynes) (oral argument withdrawn); Haynes, J., dissenting in part; criminal, sentencing Vacating sentence and remanding for resentencing. Hendrickson was convicted of felon-in-possession of a firearm after he was shot five times by … More September 10, 2026, opinions
Designated for publication Oldham, J. (Higginbotham, Smith, Oldham) (oral argument), election law, Americans with Disabilities Act, standing Reversing permanent injunction against provisions of Texas SB 1’s imposition of certain elections restrictions under Title II of the ADA. Multiple civil-rights organizations challenged nine provisions of Texas Senate Bill 1 (the Election Protection and Integrity Act of … More August 12, 2026, opinions
Designated for publication Willett, J. (Willett, Engelhardt, Douglas) (oral argument withdrawn), Privileges and Immunities Clause, Equal Protection, preliminary injunction Reversing denial of preliminary injunction to plaintiff challenging Texas residency provisions for escrow-officer license, and remanding with instructions to enter preliminary injunction. Geoffrey Polk, a resident of Illinois licensed to practice law in approximately forty jurisdictions … More August 4, 2026, opinions
Designated for publication Duncan, J. (King, Higginson, Duncan) (no oral argument), tax law Granting motion to modify original panel opinion rendered June 8, 2026, and substituting new opinion that likewise affirmed tax court’s judgment upholding imposition of estate-tax liability and assessment of 20% negligence penalty. Anne Milner Fields, a businesswoman diagnosed with Alzheimer’s in 2011, … More July 31, 2026, opinions
Designated for publication Douglas, J. (Higginbotham, Ho, Douglas), Ho, J., dissenting in part (oral argument); standing, preemption, First Amendment Affirming preliminary injunction of Texas social media regulation statute as to monitoring and filtering requirements as preempted by federal law; vacating injunction as sought by certain plaintiffs for lack of standing; and remanding for further proceedings. … More July 24, 2026, opinions
Designated for publication Higginson, J. (Richman, Higginson, Douglas) (no oral argument), qualified immunity Affirming qualified immunity summary judgment dismissal of claim against officer on excessive force claim. On April 27, 2022, Houston police pursued Jalen Randle to execute three felony warrants (aggravated assault, felon in possession of a firearm, and evading arrest). After an immobilization … More July 8-9, 2026, opinions
Designated for publication Willett, J. (Higginson, Willett, Engelhardt) (oral argument at original panel stage), preemption, taking, Contracts Clause Granting petition for panel rehearing and substituting for February 9, 2026, panel opinion, affirming summary judgment for Louisiana on pharmaceutical companies’ and trade group’s challenge to Louisiana statute on drug purchases. Pharmaceutical manufacturers AbbVie, AstraZeneca, and trade … More July 1-7, 2026, opinions
