https://texasappeals.org/topics/en-banc/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 11 May 2026 07:00:00 -0500https://texasappeals.org/2026/05/united-states-v-texas-sb-4-en-banc/Mon, 11 May 2026 07:00:00 -0500https://texasappeals.org/2026/05/united-states-v-texas-sb-4-en-banc/Sitting en banc, the court held that two legal-services nonprofits and El Paso County had not shown an Article III injury and vacated the preliminary injunction against the state immigration law. The majority stated that it did not address whether S.B. 4 is preempted by federal law.https://texasappeals.org/2025/04/fda-v-wages-and-white-lion-flavored-vapes/Mon, 28 Apr 2025 07:00:00 -0500https://texasappeals.org/2025/04/fda-v-wages-and-white-lion-flavored-vapes/A unanimous Court held that the FDA’s denial orders were sufficiently consistent with its earlier guidance on scientific evidence, comparative efficacy and device type, and so did not violate the change-in-position doctrine. It remanded the question whether the agency’s failure to consider marketing plans was harmless, holding that the Fifth Circuit had read Calcutt v. FDIC too broadly.