BREAKING: Full Fifth Circuit decides it will rehear the case over West Texas A&M's effort to ban a drag show
Reposted by Total Lowlife Hat
https://bsky.app/profile/kenwhite.bsky.social
@chrisgeidner.bsky.social
BREAKING: The full Fifth Circuit decided that it will be rehearing the case over West Texas A&M's effort to ban a charity drag show from campus. The panel, on a 2-1 vote, sided with the student group.
The Fifth Circuit decided to go en banc even after the school didn't seek en banc review.
United States Court of Appeals for the Fifth Circuit
No. 23-10994
United Slates Circtif Appeals
FILED
October 27, 2025
Lyle W. Cayce
Clerk
SPECTRUM WT; BARRETT BRIGHT; LAUREN STOVALL,
Plaintiffs- Appellants,
versus
WALTER WENDLER; DR. CHRISTOPHER THOMAS; JOHN SHARP;
ROBERT L. ALBRITTON; JAMES R. BROOKS; JAY GRAHAM; TIM LEACH; BILL MAHOMES; ELAINE MENDOZA; MICHAEL J.
PLANK; CLIFF THOMAS; DEMETRIUS L. HARRELL, JR.;
MICHAEL A. HERNANDEz, Ill,
Defendants- Appellees.
Appeal from the United States District Court for the Northern District of Texas
USDC No. 2:23-CV-48
ON PETITION FOR REHEARING EN BANC
(Opinion August 18, 2025, 5 CIR., 2025, 151 F.4th 714)
Before ELROD, Chief Judge, and JONES, SMITH, STEWART, RICHMAN, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, DOUGETS, Hout JuGs, ENGELHARDT, OLDHAM, WILSON, and
ALT
PER CURIAM:
A majority of the circuit judges in regular active service and not disqualified having voted in favor, on the Court's own motion, to rehear this case en banc,
IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated August 18, 2025, is
VACATED.
*Judge Irma Carrillo Ramirez, did not participate in the consideration of the rehearing en banc.
ALT
October 27, 2025 at 3:10 PM
BREAKING: The full Fifth Circuit decided that it will be rehearing the case over West Texas A&M's effort to ban a charity drag show from campus. The panel, on a 2-1 vote, sided with the student group.
— Chris Geidner (@chrisgeidner.bsky.social) 2025-10-27T19:10:16.434Z
The Fifth Circuit decided to go en banc even after the school didn't seek en banc review.
@chrisgeidner.bsky.social
Here's my report on Judge Matt Kacsmaryk's district court ruling:
https://www.lawdork.com/p/kacsmaryk-lets-texas-campus-drag-stand
And my report on the Fifth Circuit panel arguments:
https://www.lawdork.com/p/university-drag-ban-arguments-focus
And, here's the now-vacated Fifth Circuit opinion:
https://storage.courtlistener.com/recap/gov.uscourts.ca5.215914/gov.uscourts.ca5.215914.507660363.1.pdf
October 27, 2025 at 3:13 PM
Here's my report on Judge Matt Kacsmaryk's district court ruling: www.lawdork.com/p/kacsmaryk-...
— Chris Geidner (@chrisgeidner.bsky.social) 2025-10-27T19:13:12.807Z
And my report on the Fifth Circuit panel arguments: www.lawdork.com/p/university...
And, here's the now-vacated Fifth Circuit opinion: storage.courtlistener.com/recap/gov.us...
@chrisgeidner.bsky.social
This is alarming, especially given the panel opinion came from a GWB appointee (Southwick) and one of the Dem appointees, Ramirez, appears to be recusing herself from en banc.
That means 6 Trump appointees, 6 other GOP appointees (including Southwick), and 4 Dem appointees will be sitting en banc.
October 27, 2025 at 3:22 PM
This is alarming, especially given the panel opinion came from a GWB appointee (Southwick) and one of the Dem appointees, Ramirez, appears to be recusing herself from en banc.
— Chris Geidner (@chrisgeidner.bsky.social) 2025-10-27T19:22:11.523Z
That means 6 Trump appointees, 6 other GOP appointees (including Southwick), and 4 Dem appointees will be sitting en banc.
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