The en banc court will rehear the cases below in January 2026 at a date to be determined (orders linked below):

21-70010, Holberg v. Guerrero;

24-50149, USA v. State of Texas;

23-20165, Bay Area Unitarian v. Ogg;

25-10534, W.M.M. v. Trump;

24-60231, Airlines for Amer v. Dept of Trans; 

24-30706, Roake v. Brumley and 25-50695, Nathan v. Alamo Heights Indep. Sch. Dist. (consolidated for argument only); and

23-10994, Spectrum WT v. Wendler.

Although the Government Shutdown continues, the court remains open for all case related activities as described in General Docket Order No. 2023-9. This includes docketing new appeals, receiving documents for filing, determining motions, hearing cases on submission and by argument, and deciding appeals. Parties remain obligated to comply with the filing requirements of the Federal Rules of Appellate Procedure and this court’s Local Rules. Cases currently calendared for oral argument in November will proceed as scheduled and filing dates will not be automatically extended.