Justice Alito on Texas Appeals Journalhttps://texasappeals.org/topics/justice-alito/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 16 Mar 2026 07:00:00 -0500Supreme Court of the United States Holds Trial Judge Could Bar Lawyers From Managing Defendant’s Ongoing Testimony During Overnight Recesshttps://texasappeals.org/2026/03/villarreal-v-texas/Mon, 16 Mar 2026 07:00:00 -0500https://texasappeals.org/2026/03/villarreal-v-texas/The Court held that a Texas trial judge did not violate the Sixth Amendment by instructing a testifying defendant’s lawyers, during a 24-hour overnight recess, not to manage his ongoing testimony while permitting all other discussion. Seven Justices formed the majority; Justice Thomas, joined by Justice Gorsuch, concurred in the judgment only.Supreme Court Enjoins Alien Enemies Act Removals of Detainees in Northern District of Texas and Vacates Fifth Circuit’s Dismissal of Their Appealhttps://texasappeals.org/2025/05/aarp-v-trump-alien-enemies-act-injunction/Mon, 19 May 2025 07:00:00 -0500https://texasappeals.org/2025/05/aarp-v-trump-alien-enemies-act-injunction/In a per curiam opinion, the Court held that the Fifth Circuit erred in dismissing the detainees’ appeal for lack of jurisdiction, concluded that the notice given on April 18 was inadequate, and enjoined removals under the Act pending further proceedings. The opinion states that it does not address the legality of removals under the Act.Supreme Court Vacates Fifth Circuit Judgment on FDA Denials of Flavored E-Cigarette Applicationshttps://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.Supreme Court Holds ATF Rule on Weapon Parts Kits and Unfinished Frames Is Not Facially Inconsistent With the Gun Control Acthttps://texasappeals.org/2025/03/bondi-v-vanderstok-ghost-gun-rule/Mon, 31 Mar 2025 07:00:00 -0500https://texasappeals.org/2025/03/bondi-v-vanderstok-ghost-gun-rule/Reviewing a Fifth Circuit judgment in a suit filed in the Northern District of Texas, the Court held that the Gun Control Act reaches at least some weapon parts kits and at least some partially complete frames or receivers, so the challenged provisions of ATF’s 2022 rule are not facially invalid. The Court did not decide whether the rule may lawfully be applied to any particular product.Supreme Court of the United States Stays Eastern District of Texas Order in Texas Top Cop Shop Case Pending Fifth Circuit Appealhttps://texasappeals.org/2025/02/mchenry-v-texas-top-cop-shop-cta-stay/Mon, 10 Feb 2025 07:00:00 -0600https://texasappeals.org/2025/02/mchenry-v-texas-top-cop-shop-cta-stay/In an unsigned order without stated reasons, the Court granted the federal government’s application to stay a December 5, 2024 order of the Eastern District of Texas pending appeal and any petition for certiorari. Justice Gorsuch concurred and Justice Jackson dissented; news coverage identified the stayed order as a nationwide preliminary injunction against enforcement of the Corporate Transparency Act.