Judge Alito, writing for a unanimous three-judge panel, ruled in his favor.
Writing for a unanimous three-judge panel, Judge Alito decided that the teacher had no free speech claim.
Holmes wrote for a unanimous three-judge panel holding that a criminal defendant was improperly ordered to pay immediate restitution to the victim of his crime.
Writing for a unanimous three-judge panel, he ruled against three sailors who were dismissed for homosexual conduct despite otherwise good service records.
Last year, Judge Alito, writing for a unanimous three-judge panel, declined to extend that decision to boyfriends and fiancés.
But Judge James L. Oakes, writing for a unanimous three-judge panel, said the disparities were still excessive.
In 2000, he wrote for a unanimous three-judge panel that struck down a Pennsylvania school district's antiharassment policy on the grounds of free speech.
Judge Alito, writing for a unanimous three-judge panel, reversed that decision.
He was again acquitted, this time by a unanimous panel.
A defendant may be found guilty by a vote of two-thirds of the panel, but a death sentence requires a unanimous seven-member panel.