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
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 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 Duncan, J. (Southwick, Duncan, Engelhardt) (no oral argument), abortion law, standing, administrative law Granting Louisiana’s motion to stay the FDA’s 2023 REMS (order allowing mifepristone to be prescribed online and dispensed through the mail without any in-person doctor visit) pending appeal under 5 U.S.C. § 705. After Dobbs v. Jackson Women’s Health … More May 1, 2026, opinions
Designated for publication Smith, J. (joined by Elrod, Jones, Haynes, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (oral argument); Ho, J., concurring; Oldham, J., concurring (joined by Elrod, Jones, Willett, Ho, Duncan, Engelhardt); Richman, J., dissenting (joined by Stewart, Southwick, Higginson, Ramirez, and joined by Graves and Douglas as to part II on standing); Graves, J., … More April 24, 2026, opinions
Designated for publication Duncan, J. (joined by Elrod, Jones, Smith, Willett, Ho, Engelhardt, Oldham, Wilson; except Willett, Ho, Oldham do not join as to standing/justiciability); Ho, J., concurring; Oldham, J., concurring (joined by Willett); Ramirez, J., dissenting (joined by Stewart, Richman, Haynes, Graves, Higginson, Douglas); Southwick, J., dissenting (joined by Richman, Graves, Higginson, Douglas, Ramirez); … More April 21, 2026, opinions
