Maybe I'm wrong, but I tend to think they may act differently on a 1st Amendment issue.
And, honestly, I really haven't much kept up on all the Con Law issues or 5th Circuit Con Law rulings since law school. It's always been a major interest of mine, but I just don't really have the time to devote to it anymore since what I do has nothing to do with Con Law. I just know the 5th Circuit more or less from cases that mostly have nothing to do with Con Law.