Background
Two consolidated appeals arose from proceedings in the U.S. District Court for the Western District of Texas. One was brought by the Computer & Communications Industry Association and NetChoice, L.L.C.; the other was brought by Students Engaged in Advancing Texas, M.F. through a next friend, Ampersand Group, L.L.C., and Brandon Closson. Texas Attorney General Ken Paxton was the defendant-appellant in both appeals.
A Fifth Circuit panel issued an opinion in the consolidated cases on July 24, 2026. A petition for rehearing en banc followed, and a member of the court requested a poll of the active judges eligible to participate.
The Court’s Holding
The Fifth Circuit ordered the consolidated cases reheard en banc after a majority of the circuit judges in regular active service who were not disqualified voted in favor of rehearing. The court stated that it would hear oral argument on a date to be set later and that the clerk would establish a supplemental-briefing schedule.
Under Fifth Circuit Rule 41.3, the court vacated the panel opinion dated July 24, 2026. The order did not resolve the merits of the parties’ dispute.
Key Takeaways
- The Fifth Circuit granted rehearing en banc in the consolidated appeals.
- The July 24, 2026 panel opinion was vacated and no longer represents the court’s operative decision.
- The full court will receive supplemental briefing and hear oral argument before reconsidering the cases.
Why It Matters
The en banc grant removes the panel opinion from effect and places the consolidated appeals before the full Fifth Circuit. Any conclusions reached by the panel must now await reconsideration through supplemental briefing and oral argument.