A pair of Donald Trump appointees to the Fifth Circuit exchanged barbs as the court fractured over how to handle a longrunning case over a multimillion-dollar fine against Exxon Mobil Corp.
Judges James Ho and Andrew Oldham, both leading conservative members of the circuit, each authored separate opinions as part of the ruling issued Wednesday.
Ho, writing alone, said that because the en banc court couldn’t reach a majority, he would’ve dismissed the order granting rehearing en banc as improvidently granted and reinstated a three-judge panel judgment.
Oldham’s dissent took issue with that approach. He wrote that the circuit couldn’t ...
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