Tad Bartlett Observes Record Week of Fifth Circuit January En Banc Arguments

Partner Tad Bartlett, head of Fishman Haygood’s Appellate Section, attended and observed an unusually busy week of en banc arguments before the U.S. Court of Appeals for the Fifth Circuit from Jan. 20–23, 2026, offering firsthand insights on his Take the Fifth blog.

Even with one en banc argument canceled due to mootness, the Fifth Circuit heard seven cases in six en banc arguments over four days, an unusually high volume for a holiday-shortened week. Tad attended each day of arguments, observing a wide range of advocacy styles and judicial engagement across cases addressing constitutional structure, administrative law, immigration enforcement, and individual rights.

Highlights from the Week:

The en banc arguments addressed a broad spectrum of issues, including:

• 10 Commandments cases (Roake and Nathan): Constitutional challenges to state laws requiring the display of the Ten Commandments
• Habeas and Brady obligations (Holberg): Questions surrounding prosecutorial disclosure duties
• Administrative law (Airlines for America): Challenges to federal airline-fee rulemaking under the APA
• Immigration enforcement (U.S. v. Texas and W.M.M. v. Trump): Disputes over standing, federal preemption, and executive authority
• Second Amendment and religious liberty (Bay Area Unitarian Universalist Church): Challenges to gun-signage requirements on church property

An appellate specialist certified by the Louisiana Board of Legal Specialization, Tad provides firsthand observations that reflect Fishman Haygood’s deep engagement with appellate advocacy and its ongoing focus on monitoring and analyzing significant developments in the U.S. Court of Appeals for the Fifth Circuit.

Read Tad’s Take the Fifth blog here, and see more Fishman Haygood Resources here.