The U.S. 5th Circuit Court of Appeals (which covers Texas) recently issued a published decision, a rarity since most opinions are unpublished and therefore can’t be cited to courts as precedent. It was also a per curiam opinion, i.e., a three-judge panel decided the appeal but no particular judge took credit for writing it.
So, what is the significance? Appellate judges take the approach when they want to let lower-court judges know (1) they are misinterpreting the law, (2) here is a reminder on what the statute means, and (3) they need to be more careful in the future. The 5th Circuit sent the message in a case involving the meaning of employer retaliation under Title VII of the Civil Rights Act of 1964 and Section 1981, which are increasingly popular claims to file.
