Tad Bartlett Quoted by Bloomberg Law® on Whether Fifth Circuit Senior Judges Influence Spike in En Banc Cases

Partner Tad Bartlett, head of Fishman Haygood’s Appellate Section, was quoted in the Bloomberg Law® article “Full Fifth Circuit Overrides Moderate Senior Judges’ Rulings” published on November 19, 2025. The article details how senior U.S. Fifth Circuit Court of Appeals judges, whose judicial philosophies lean less conservative than more recent appointees, have increasingly ruled with a moderate majority as part of three-judge panels. Eight of these recent decisions, one of which includes blocking a Louisiana law requiring public schools to display the Ten Commandments, will be reheard by all active judges, en banc, in January 2026. Click here to read the full article.

As Tad told Bloomberg Law, the heavier en banc schedule seems to reflect the younger judges’ desire to consider cases dealing with “hot button social issues,” including immigration and First Amendment rights, rather than any perceived need to override the moderating influence of the circuit’s seven senior-status judges.

Tad served as a judicial clerk to U.S. Fifth Circuit Judge James Dennis following his graduation from law school. He currently runs the Take the Fifth blog, which digests all opinions released by the Court, summarizes all opinions designated for publication, and tracks statistics on opinions released from the Circuit on a monthly and an annual basis. Read more about his practice here.

Our lawyers handle appeals for both plaintiffs and defendants in civil litigation across many subject matters, in review of administrative proceedings, and, as part of our pro bono commitment, in immigration and post-conviction proceedings. The appellate practice at Fishman Haygood is not limited to representation before the appellate courts but also includes advising clients and their trial counsel on litigation issues to ensure proper preservation of appellate issues at the trial court. Click here to read more about our Appellate Group.