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
Designated for publication Wiener, J. (Wiener, Douglas, Ramirez), FDIC, jurisdiction Remanding appeal from injunction against FDIC proceedings on constitutional basis, with instructions to dismiss for lack of jurisdiction. The FDIC initiated an enforcement action against Cornelius Burgess, former CEO of Herring Bank, after investigations dating back to 2010 revealed misconduct. The case first proceeded before … More August 20-25, 2025, opinions
Designated for publication per curiam (Southwick, Engelhardt, Wilson), criminal, First Step Act On remand from the U.S. Supreme Court, vacating defendants’ sentences that it had previously affirmed, and remanding for resentencing under the First Step Act in light of Hewitt v. United States, 145 S. Ct. 2165 (2025). Wilson, J. (Higginson, Ho, Wilson); Ho, J., … More August 18-19, 2025, opinions
Designated for publication per curiam (Stewart, Clement, Willett), criminal, sentencing Withdrawing prior opinion after petition for rehearing, and substituting new opinion affirming sentence of defendant on issue of intervening amendment to Sentencing Guidelines. Darrell Wickware, previously convicted of robbery under Texas law, was charged in 2021 with unlawful possession of a firearm as a convicted … More July 22, 2025, opinions
Designated for publication per curiam (Jones, Oldham, Hendrix, by designation), Sarbanes-Oxley Act, employment law, timeliness, Rule 59(e) Reversing dismissal of employee’s Sarbanes-Oxley anti-retaliation claim against employer, but affirming dismissal of claim against employer’s parent company, and remanding for further poceedings. The case involves a Sarbanes-Oxley Act (SOX) whistleblower retaliation claim brought by Vuoncino, a corporate … More June 3, 2025, opinions
Designated for publication Jones, J. (Elrod, Jones, Barksdale), Second Amendment Reversing district court’s judgment that a 1968 federal statute prohibiting sale of handguns to 18- to 20-year-old adults was not unconstitutional and finding the ban is unconstitutional under the Second Amendment; overruling Court’s precedent from National Rifle Association, Inc. v. Bureau of Alcohol, Tobacco, Firearms, … More January 30, 2025, opinions
Designated for publication per curiam (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Ho, Duncan, Oldham, JJ.), Ho, J., dissenting from denial of rehearing; Oldham, J. (joined by Jones, Smith, Duncan, JJ.), dissenting from denial of rehearing; prisoner suit, appellate jurisdiction, en … More January 28, 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
Designated for publication Stewart, J. (Smith, Stewart, Duncan), arbitration Reversing district court’s order compelling arbitration of plaintiff’s employment and First Amendment claims, and remanding to district court to first determine County’s motion to dismiss on government immunity grounds. Willett, J. (Elrod, Willett, Duncan), Elrod, C.J., dissenting in part; qualified immunity Reversing denial of summary judgment … More January 10, 2025, opinions
Designated for publication Clement, J. (Smith, Clement, Higginson), breach of contract On breach of contract claim arising from the extension of a lease over a whole tract, rather than a portion, by a bank that managed co-lessor’s interest in a mineral interests on the tract, affirming district court’s judgment that the lease calculated royalty on … More January 6, 2025, opinions
