Full Fifth Circuit Faces ‘Unprecedented’ Sitting With Big Cases

The Fifth Circuit will hear seven cases at its en banc session this week—the most the full federal appeals court has taken up at one sitting in at least 25 years.

The number of cases reviewed by the full slate of active judges has fluctuated over time . But the en banc calendar in New Orleans has gotten consistently busier in recent years, as six younger Donald Trump-appointed judges settle into their roles.

The full circuit only heard five of those cases in 2025. The upcoming January sitting features seven arguments that span eight cases, and the judges said Jan. 14 they’ll take up another en banc case in May.

While the Fifth Circuit has never shied from full court review of cases, there are signs that the Trump appointees are more assertive in seeking to take them up, said Andrew Gould, the head of the appellate practice for the Houston-based boutique firm Hicks Johnson.

“What’s remarkable is the sheer volume—seven en banc cases in a single sitting is, as far as I can tell, unprecedented,” Gould said in an email. “That concentration will inevitably ripple through the Court’s regular docket and, perhaps, test its collegiality.”

The Fifth Circuit has heard fewer high-profile cases involving the federal government in the past year, as other circuits host challenges against Trump administration policies. Still, it hasn’t avoided Trump court fights entirely: the full appeals court will hear a case over the administration’s use of a wartime law to try and remove Venezuelan nationals from the US.

Other cases will touch on high-profile social issues, from a drag show on a college campus to religious displays at public schools.

Here’s a look at the cases the full court will take up this week.

Ten Commandments: The court will kick off the session on Tuesday by weighing the legality of Louisiana and Texas requiring that the Ten Commandments be displayed at public schools.

A three-judge panel found Louisiana’s law on the displays was “plainly constitutional,” but that opinion was vacated when the full court took up the case. The full circuit said it would hear it alongside a similar challenge to a Texas law, taking the rare step of skipping panel arguments in that case.

Death penalty: The judges on Wednesday will turn to the case of a Texas woman, Brittany Holberg, who was sentenced to death for murder. A divided three-judge panel last year vacated her conviction, finding that prosecutors violated Holberg’s constitutional rights by not disclosing that a key witness was a confidential informant.

Airline fees: A Biden-era rule requiring that airlines disclose certain fees up-front to customers is next before the full circuit. Several major US airlines and an industry trade group, Airlines for America, sued in 2024 over Transportation Department regulations. The Fifth Circuit temporarily blocked the rules from going into effect, and a three-judge panel last January said the carriers must get an opportunity to comment on data justifying the measure before it can be implemented.

Immigration: The Fifth Circuit will host a pair of high-profile immigration disputes back-to-back Thursday. The circuit will begin with a challenge to a Texas law that allows the state to enforce federal immigration laws. The Biden administration initially sued over the law, but the federal government withdrew from the case in March. A split three-judge panel last year found that Texas’s measure violated the federal government’s sole power to control the removal of migrants from the US.

The full court will then hear arguments on the Trump administration’s use of the Alien Enemies Act to remove Venezuelan nationals from the US, after a three-judge panel on the court said officials couldn’t use it for alleged members of the Tren de Aragua gang.

Drag show: The judges will return Friday to weigh whether West Texas A&M University violated the First Amendment rights of a LGBTQ+ student group by canceling a charity drag show in 2023. A divided three-judge panel in August found the university had little say over the performance’s content because the forum where it was set to be hosted was open to the public, not just the school.

The case has proceeded at district court, and US District Judge Matthew Kacsmaryk on Jan. 17 again ruled against the student group following a bench trial.

Guns: A church and a coffee shop will wrap up the sitting by arguing against Texas laws that require them to post signs stating that guns aren’t allowed on their properties. A split Fifth Circuit panel in April revived their lawsuit against the requirements.