Designated for publication Ho, J. (King, Ho, Ramirez), CARES Act, administrative law Affirming district court’s dismissal of plaintiff’s claim for forgiveness of CARES Act paycheck protection program loan for which plaintiff had not been eligible to begin with. The Paycheck Protection Program (PPP), created by Congress under the CARES Act during the COVID-19 pandemic, provided … More August 6, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Engelhardt, Guidry, by designation), First Amendment, standing, qualified immunity Reversing dismissal of plaintiff’s First Amendment pre-enforcement challenge to Texas Election Code for lack of standing; affirming dismissal of claims against defendants in individual capacities as barred by qualified immunity; and remanding for further proceedings. The Institute for Free Speech … More July 28-29, 2025, opinions
Designated for publication Graves, J. (Clement, Graves, Willett), venue Granting in part petition for writ of mandamus, vacating order denying transfer of venue, and remanding for district court to conduct appropriate venue analysis. The case stems from a November 2023 article by Media Matters criticizing X Corp. (formerly Twitter) for placing major brand ads alongside … More July 15, 2025, opinions
Designation for publication Jones, J. (Jones, Oldham, Hendrix, by designation), Oldham, J., concurring; governmental immunity, collateral order doctrine Reversing denial of governmental immunity against police detective for investigation against and prosecution of personnel with a business neighboring the business of the detective’s employer in his moonlighting gig. This case concerns Detective Genaro Hernandez of the … More July 3-5, 2025, opinions
Designated for publication Granting en banc rehearing of unpublished February 26, 2025, panel opinion (Barksdale, Southwick, Graves, per curiam) reversing denial of summary judgment dismissal of plaintiff’s implied-false-certification claim and remanding for dismissal of case. Higginson, J. (Davis, Higginson, Douglas), search and seizure, administrative law, standing Vacating summary judgment in favor of airplane part manufacturer … More June 26, 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 U.S. v. West, 22-11001, appeal from N.D. Tex. (denying panel reh’g but substituting new op.) per curiam (Elrod, Willett, Duncan), Willett, J., concurring; Duncan, J., concurring; criminal, sentencing, restitution, appeal waiver Vacating $6,000 restitution order as part of sentence for production of child pornography, and remanding for further proceedings; also, on Court’s … More May 21, 2025, opinions
Designated for publication Wilson, J. (Elrod, Oldham, Wilson), First Amendment, standing Vacating district court’s order denying legislative privilege to defendant Parish councilmembers whose Resolution to terminate library board members for erecting Pride Month displays at libraries had been challenged by three of those members as viewpoint discrimination, holding that the plaintiffs did not have standing … More February 10, 2025, opinions
Designated for publication per curiam (voting against rehearing en banc: Elrod, Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.; voting for rehearing en banc: Ho, J.–yes, a 16-1 vote againt rehearing en banc); Duncan, J., concurring in denial of rehearing (joined by Jones, Smith, Willett, Oldham, Engelhardt, … More January 31, 2025, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Douglas), Haynes, J., concurring; habeas corpus Affirming dismissal of § 2254 application based on holding that state court’s decision was not contrary to or an unreasonable application of clearly established Supreme Court precedent, when the state court determined that false testimony from the sole identifying witness regarding his … More January 17-22, 2025, opinions
