Designated for publication Clerk Order (Voting AGAINST en banc hearing in the first instance: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting FOR en banc hearing in the first instance: Jones, Ho, Oldham, JJ.); First Amendment, en banc Order denying motion for the en banc Court to … More December 30-31, 2024, opinions
Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., concurring; Affordable Care Act, Title IX, standing Vacating summary judgment for plaintiffs in challenge to Notification of Interpretation and Enforcement of Section 157 of the ACA, which interpreted discrimination on the basis of sex to include discrimination on the basis of sexual orientation and and … More December 16-27, 2024, opinions
Designated for publication Higginson, J. (Smith, Clement, Higginson), criminal, sentencing, sufficiency of evidence, Affirming convictions of substantive healthcare in scheme to defraud TRICARE by ordering unnecessary toxicology and DNA cancer screening tests, finding sufficient evidence to support convictions, finding no plain error in district court’s exclusion of testimony regarding statements purportedly made to defendant by … More December 9-13, 2024, 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
Designated for publication Jones, J. (Jones, Willett, Engelhardt), standing, Equal Protection Vacating district court order compelling state legislator defendants to produce discovery responses in suit brought by members of municipal airport authority to enjoin enforcement of law abolishing the airport authority and creating a new metropolitan airport authority with fewer members appointed by the Jackson … More November 18-19, 2024, opinions
Designated for publication per curiam (voting against rehearing en banc: Elrod, Stewart, Southwick, Graves, Higginson, Engelhardt, Ramirez, JJ.; voting for rehearing en banc: Jones, Richman, Willett, Duncan, Oldham, Wilson, JJ.) (recused/not voting in en banc poll: Smith, Haynes, Ho, Douglas, JJ.); federal officer jurisdiction, en banc Denying en banc rehearing of May 29, 2024, panel … More November 1-5, 2024, opinions
Designated for publication Kernodle, J. (Southwick, Duncan, Kernodle, by designation), COVID-19, mootness, standing Reversing district court’s dismissal as moot of challenge to Air Force’s COVID-19 vaccine mandate after Air Force rescinded the mandate, and reversing dismissal for lack of standing of plaintiff who had been separated from service, and remanding for further proceedings. The Court … More September 23, 2024, opinions
Designated for publication Oldham, J. (Ho, Duncan, Oldham), diversity jurisdiction Remanding appeal from summary judgment and from judgment after bench trial, for jurisdictional discovery into the citizenship of LLC members where complaints only alleged where the LLCs were “doing business” and had their “principal place of business.” Southwick, J. (Dennis, Southwick, Ho), insurance Reversing summary … More September 20, 2024, opinions
Designated for publication per curiam (Elrod, Ho, Wilson), Ho, J., concurring; administrative law, abortion law, standing On remand from the Supreme Court, vacating the district court’s order staying FDA rules regarding mifepristone and remanding for further proceedings. Judge Ho concurred, opining that the Supreme Court had the liberty to depart from precedent that the Fifth … More September 16, 2024, opinions
Designated for publication Richman, C.J. (Richman, Ho, Engelhardt), Ho, J., dissenting in part; immigration Granting Cameroonian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for asylum and withholding of removal (denying petition for review of denial of protection under the Convention Against Torture), vacating BIA’s opinion, and remanding for … More August 16-21, 2024, opinions
