Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

An ordained minister served as Executive Director of a regional Baptist convention, where he was responsible for implementing a joint ministry agreement with a national Baptist mission board. Disagreements arose between the minister and the mission board regarding the execution of their shared evangelical objectives, particularly concerning missionary selection, funding, and work requirements. The mission board expressed dissatisfaction with the minister’s leadership and gave notice to terminate the partnership agreement. Subsequently, the regional convention’s board unanimously voted to terminate the minister’s employment, citing concerns about his leadership and spiritual disposition. After his termination, the minister publicly criticized the mission board and its president, which led to further actions by the board, including security measures and the posting of a no-entry photograph of the minister at its headquarters.The minister filed suit in Mississippi state court against the mission board, alleging tortious interference with business relationships, defamation, and intentional infliction of emotional distress. The mission board removed the case to the United States District Court for the Northern District of Mississippi and moved to dismiss, arguing that the church autonomy doctrine barred the claims. The district court initially denied the motion to dismiss but later granted summary judgment for the mission board, concluding that the First Amendment’s church autonomy doctrine precluded adjudication of the minister’s claims. On appeal, the United States Court of Appeals for the Fifth Circuit previously reversed and remanded, finding it premature to apply the doctrine at an early stage. After further discovery, the district court again granted summary judgment for the mission board on church autonomy grounds.The United States Court of Appeals for the Fifth Circuit affirmed the district court’s summary judgment. The court held that the church autonomy doctrine, rooted in the First Amendment, bars civil courts from adjudicating employment-related claims that would require inquiry into religious doctrine, internal management, or ministerial decisions. The court concluded that all of the minister’s claims were precluded by this doctrine, regardless of the organizational structure of the Baptist entities involved. View "McRaney v. N Amer Mission Bd" on Justia Law

The defendant pleaded guilty to possessing a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1). The presentence investigation report determined that the defendant’s offense level was increased due to two prior Louisiana felony convictions: aggravated battery and distribution of cocaine. The report also applied enhancements for a stolen firearm and use of the firearm in connection with another felony. The defendant objected to these enhancements and the classification of his prior aggravated battery conviction as a “crime of violence.” The district court overruled the objections, adopted the report’s findings, and sentenced the defendant to 120 months in prison, the statutory maximum.On appeal to the United States Court of Appeals for the Fifth Circuit, the defendant argued that § 922(g)(1) is unconstitutional under the Second Amendment, relying on New York State Rifle & Pistol Ass’n, Inc. v. Bruen, and that the district court erred in treating his prior aggravated battery conviction as a crime of violence for sentencing purposes. The defendant had not raised these arguments in the district court, so the Fifth Circuit reviewed for plain error.The Fifth Circuit held that, under existing precedent, a conviction under § 922(g)(1) does not constitute plain error, and there has been no development in the law to suggest otherwise. Regarding the sentencing enhancement, the court found that the defendant failed to show a “realistic probability” that Louisiana courts would uphold an aggravated battery conviction based on reckless or negligent conduct, as required to demonstrate clear or obvious error under the categorical approach. The court concluded that neither the conviction nor the sentence was reversible under plain error review and affirmed the judgment of the district court. View "USA v. Sereal" on Justia Law

The case concerns a former CEO of a Texas credit union who was removed from his position after the credit union was placed into conservatorship by state authorities, with the National Credit Union Administration (NCUA) appointed as conservator. The NCUA terminated the CEO, seized property, and allegedly withheld post-termination benefits. The CEO initially sued in Texas state court for those benefits. Before the credit union responded to that suit, the NCUA initiated an administrative enforcement action against him. In response, the CEO filed a federal lawsuit challenging the NCUA’s authority and the constitutionality of the administrative proceedings, raising claims about the removal protections for the administrative law judge, the lack of a jury trial, due process, and the non-delegation doctrine.The United States District Court for the Southern District of Texas dismissed the federal suit for lack of subject matter jurisdiction, finding that 12 U.S.C. § 1786(k)(1) explicitly precludes district court jurisdiction over actions seeking to enjoin or otherwise affect NCUA enforcement proceedings. The district court reasoned that the statutory language was clear and that any challenge to the administrative process must proceed through the statutory review scheme, which provides for review in the courts of appeals after the agency action is final.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the dismissal de novo. The Fifth Circuit held that § 1786(k)(1) explicitly precludes district court jurisdiction over actions seeking to enjoin or otherwise affect NCUA enforcement actions, relying on its recent decision in Burgess v. Whang and Supreme Court precedent interpreting similar statutory language. The court rejected the argument that Congress must specifically reference 28 U.S.C. § 1331 to preclude federal question jurisdiction. The Fifth Circuit affirmed the district court’s dismissal for lack of subject matter jurisdiction. View "Moats v. Natl Crdt Un Admin Bd" on Justia Law

Cornelius Burgess, the former CEO of Herring Bank, was the subject of a Federal Deposit Insurance Corporation (FDIC) enforcement action that began with an investigation in 2010 and formal proceedings in 2014. An Administrative Law Judge (ALJ) recommended in 2017 that Burgess be removed from his position, barred from the banking industry, and fined $200,000. The FDIC Board adopted this recommendation, but the enforcement order was stayed pending the Supreme Court’s decision in Lucia v. SEC, which addressed the constitutionality of ALJ appointments. After Lucia, the case was remanded for a new hearing before a properly appointed ALJ, who again recommended the same sanctions in 2022. Before the FDIC Board could issue its final order, Burgess filed suit in the United States District Court for the Northern District of Texas, seeking to enjoin the Board from issuing its decision on constitutional grounds.The district court found it had jurisdiction to hear Burgess’s claims despite 12 U.S.C. § 1818(i)(1), which generally precludes such jurisdiction. The court denied injunctive relief on Burgess’s claims regarding unconstitutional removal protections for the Board and ALJs, finding he had not shown harm from those provisions. However, it granted an injunction based on his Seventh Amendment claim, concluding he was likely to succeed on the merits and that the other factors for injunctive relief were met. The FDIC appealed the injunction, and Burgess cross-appealed the denial of relief on his removal claims.The United States Court of Appeals for the Fifth Circuit held that 12 U.S.C. § 1818(i)(1) explicitly strips district courts of subject matter jurisdiction to enjoin or otherwise affect the issuance or enforcement of FDIC orders, including on constitutional grounds. The Fifth Circuit reversed the district court’s grant of injunctive relief and remanded with instructions to dismiss the case for lack of subject matter jurisdiction, declining to reach the merits of Burgess’s constitutional claims. View "Burgess v. Whang" on Justia Law

Ernest Clark, while on probation for a Louisiana felony conviction of aggravated assault with a firearm, was found in possession of a firearm. He was indicted for violating 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. Clark moved to dismiss the indictment, arguing that the statute was unconstitutional as applied to him under the Second Amendment, violated the Fifth Amendment’s equal protection guarantee, and exceeded Congress’s authority under the Commerce Clause. The district court denied his motion. Clark then pleaded guilty pursuant to a plea agreement, which included a waiver of most appellate rights except for a direct appeal of the district court’s order denying his motion to dismiss under the Second Amendment, as interpreted in New York State Rifle & Pistol Ass’n v. Bruen.The United States District Court for the Southern District of Mississippi sentenced Clark to 64 months in prison and three years of supervised release. On appeal to the United States Court of Appeals for the Fifth Circuit, Clark raised several claims, but acknowledged that most were foreclosed or waived by his plea agreement, except for his as-applied Second Amendment challenge and his Fifth Amendment equal protection claim.The United States Court of Appeals for the Fifth Circuit held that disarming individuals convicted of violent felonies, such as aggravated assault with a firearm, and those found in possession of a firearm while on probation, is consistent with the nation’s historical tradition of firearm regulation. The court relied on its own recent precedents to conclude that Clark’s as-applied Second Amendment challenge failed. The court also found that Clark’s equal protection claim was waived by his plea agreement. Accordingly, the Fifth Circuit affirmed the judgment of conviction. View "USA v. Clark" on Justia Law

Three employers—SpaceX, Energy Transfer, and Findhelp—each faced unfair labor practice complaints before the National Labor Relations Board (NLRB). Before administrative proceedings began, each employer filed suit in a different federal district court in Texas, challenging the constitutionality of the NLRB’s structure. Specifically, they argued that the dual for-cause removal protections for both NLRB Board Members and Administrative Law Judges (ALJs) unconstitutionally insulated these officials from presidential removal, violating Article II and the separation of powers.Each district court granted a preliminary injunction, halting the NLRB’s proceedings against the respective employer. The courts found that the removal protections for ALJs (and, in one case, for Board Members) were unconstitutional, that the employers would suffer irreparable harm if forced to proceed before an unconstitutionally structured agency, and that the balance of equities and public interest favored injunctive relief. The NLRB appealed, arguing that the district courts lacked jurisdiction under the Norris-LaGuardia Act and that the employers had not shown a likelihood of success or irreparable harm.The United States Court of Appeals for the Fifth Circuit reviewed the consolidated appeals. The court held that the district courts had jurisdiction to enjoin the NLRB’s proceedings, as the employers’ constitutional challenges to the agency’s structure did not “grow out of a labor dispute” within the meaning of the Norris-LaGuardia Act. On the merits, the Fifth Circuit held that the dual for-cause removal protections for NLRB ALJs are unconstitutional, following its own precedent in Jarkesy v. Securities & Exchange Commission. The court further held that the removal protections for Board Members likely violate Article II, as the NLRB’s structure does not fit within the narrow exception recognized in Humphrey’s Executor v. United States. The court also found that being subjected to proceedings before an unconstitutionally structured agency constitutes irreparable harm. The Fifth Circuit affirmed the preliminary injunctions granted by the district courts. View "Space Exploration v. NLRB" on Justia Law

A student organization at West Texas A&M University, focused on supporting LGBT+ students, planned a charity drag show to raise funds for a suicide prevention initiative. The event was to be held in a university venue that had previously hosted a wide range of student and community events, including a prior drag show. The organizers took steps to ensure the show would be appropriate for a general audience, restricting lewd content and requiring minors to be accompanied by adults. Shortly before the event, the university president canceled the show, citing concerns that drag performances were discriminatory against women and did not align with the university’s values.Following the cancellation, the student group and two of its officers filed suit in the United States District Court for the Northern District of Texas, seeking a preliminary injunction to allow future drag shows on campus. The district court denied the injunction, holding that drag shows were not inherently expressive conduct protected by the First Amendment and that the university president was entitled to qualified immunity. The court also found that the plaintiffs had standing against certain university officials but not others, and rejected the claim of irreparable harm.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the denial of the preliminary injunction de novo. The Fifth Circuit held that the planned drag show was expressive conduct protected by the First Amendment, as it conveyed a clear message of support for the LGBT+ community in its context. The court determined that the university venue was a designated public forum, making the content-based restriction on the drag show subject to strict scrutiny, which the university did not attempt to justify. The court found the plaintiffs faced irreparable harm from the ongoing ban and that the balance of equities and public interest favored an injunction. The Fifth Circuit reversed the district court’s denial of a preliminary injunction against the university president and a vice president, affirmed the denial as to the chancellor for lack of standing, and remanded for entry of the injunction. View "Spectrum WT v. Wendler" on Justia Law

During the COVID-19 pandemic, the U.S. House of Representatives adopted a rule permitting remote voting and proxy participation, allowing Members to be counted as present for quorum purposes even if not physically on the House floor. Using this procedure, the House passed the Consolidated Appropriations Act of 2023, with a majority of votes cast by proxy. The Act was subsequently passed by the Senate and signed into law by the President. The State of Texas challenged the validity of certain provisions of the Act, arguing that the Constitution’s Quorum Clause required a physical majority of Members to be present in the House chamber for business to be conducted.The United States District Court for the Northern District of Texas held a bench trial and found that Texas had standing to challenge the Pregnant Workers Fairness Act, a provision of the omnibus legislation. The district court concluded that the enrolled-bill rule, which generally bars courts from questioning the validity of a law based on legislative procedure, did not apply to this constitutional challenge. On the merits, the district court determined that the Quorum Clause required physical presence and enjoined enforcement of the challenged provision against Texas.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the district court’s grant of a permanent injunction. The Fifth Circuit held that the enrolled-bill rule did not bar judicial review of Texas’s constitutional claim because the facts were undisputed and the challenge was purely legal. The court then concluded that the Quorum Clause does not require physical presence, relying on the constitutional text, Supreme Court precedent, and historical congressional practice. The Fifth Circuit reversed the district court’s judgment and vacated the permanent injunction, holding that the House’s proxy-voting rule did not violate the Quorum Clause. View "State of Texas v. Bondi" on Justia Law

Evan Norman visited a bar where he consumed several alcoholic drinks and fell asleep. At the request of the establishment, Deputy Ingle removed Norman and instructed him to go home, warning that he could be arrested for public intoxication. Norman repeatedly asked for the deputies’ names and badge numbers and made comments to them. As the deputies returned to the bar, Norman followed and continued to engage with them. The situation escalated when Norman reached over Deputy Sutton’s arm and pointed at Deputy Ingle, leading to physical shoving. Norman then attempted to punch Deputy Ingle and placed him in a headlock. In response, the deputies used force to subdue Norman, including multiple punches to his head. Norman was arrested and left facedown for about ten minutes while awaiting medical assistance, during which he suffered significant facial injuries.Norman filed suit in the United States District Court for the Southern District of Texas against the deputies and others, alleging excessive force, denial of medical care, failure to intervene, wrongful arrest, malicious prosecution, and First Amendment violations. The district court dismissed claims against the county and sheriff but allowed claims against the deputies to proceed. The deputies moved for summary judgment, asserting qualified immunity. The district court denied their motions, finding genuine disputes of material fact regarding the use of force, resistance, and medical care, and ruled that the deputies were not entitled to qualified immunity.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the denial of qualified immunity de novo, considering video evidence of the incident. The court held that the video evidence resolved any material factual disputes and showed that the deputies’ actions did not violate clearly established constitutional rights. The court found the use of force reasonable under the circumstances, no denial of medical care, and no basis for failure to intervene or other claims. The Fifth Circuit reversed the district court’s judgment, holding the deputies were entitled to qualified immunity. View "Norman v. Ingle" on Justia Law

A sheriff’s deputy in Brewster County, Texas, observed a pickup truck towing a horse trailer near a border patrol checkpoint during a shift change—a time and place known for smuggling activity. The deputy recognized the driver, who had previously been identified as a possible smuggler. Without being signaled or ordered, the driver pulled over to the shoulder, and the deputy parked behind him. During a casual conversation, the deputy noticed an open alcohol container in the truck. The driver gave inconsistent and suspicious answers about the trailer’s contents and ownership, and after further questioning, eventually admitted that there were people hidden in the locked compartment of the trailer. The deputy then discovered three undocumented immigrants inside.The United States District Court for the Western District of Texas denied the defendant’s motion to suppress the evidence, finding that the defendant had been seized with reasonable suspicion and that his consent to search the trailer attenuated any taint from the deputy’s actions. The defendant pleaded guilty to one count of transporting illegal aliens but reserved the right to appeal the suppression ruling.The United States Court of Appeals for the Fifth Circuit reviewed the district court’s factual findings for clear error and legal conclusions de novo. The appellate court held that there was no Fourth Amendment violation. It found that the initial encounter was consensual, that the deputy’s actions did not constitute a seizure until reasonable suspicion had developed, and that the deputy’s incidental contact with the truck did not amount to a trespassory search. The court also determined that the discovery of the open alcohol container was lawful and that the subsequent evidence was not subject to suppression. The Fifth Circuit affirmed the district court’s judgment. View "USA v. Larremore" on Justia Law