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The Latest Breaking News from Don Willett

Federal appellate courts are enacting an anti-environment agenda—especially in the ultraconservative 5th Circuit, new analysis shows.

Texas Observer

Ilya Confusion At The Scalia Memorial Dinner

Justice Barrett mentioned Ilya Somin, but meant Ilya Shapiro.

Reason

No Qualified Immunity as to Allegations that Pre-K School Principal Failed to Respond to Sexual Molestation of Student by Teacher

From Doe v. Jewell, decided Friday by Fifth Circuit Judge Patrick Higginbotham, joined by Judges Don Willett and James Ho:… The post No Qualified Immunity as to Allegations that Pre-K School Principal Failed to Respond to Sexual Molestation of Student by Teacher appeared first on Reason.com.

Reason

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What Neil Gorsuch Gets Wrong About Judges and Government Power

Plus: Ozzy Osbourne, RIP.

Reason

On Remand, the 5th Circuit Again Blocks a Lawsuit by a Texas Reporter Arrested for Newsgathering

Even if Laredo cops punished Priscilla Villarreal for constitutionally protected speech, the appeals court says, they would be protected by qualified immunity.

Reason

5th Cir. Says More on When Federal Ban on Gun Possession by Drug Users Is Unconstitutional

From Monday's U.S. v. Daniels decision, written by Fifth Circuit Judge Jerry Smith, joined by Judge Don Willett: Title 18… The post 5th Cir. Says More on When Federal Ban on Gun Possession by Drug Users Is Unconstitutional appeared first on Reason.com.

Reason

Restriction on Veterinary Advice Given via Telemedicine Violates First Amendment

From yesterday's decision in Hines v. Pardue, by Fifth Circuit Judge Don Willett, joined by Judges Cory Wilson: Dr. Ronald… The post Restriction on Veterinary Advice Given via Telemedicine Violates First Amendment appeared first on Reason.com.

Reason

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Excessive Calls for Recusal Threaten Judicial Independence

Activists and politicians look for almost any excuse to claim that judges should withdraw from cases. Their calls for recusal may be frivolous, but it gives them an opportunity to criticize judges they don't like.

Reason

Can This Woman Sue the Rogue Prosecutor Who Allegedly Helped Upend Her Life?

Prosecutor Ralph Petty was also employed as a law clerk—by the same judges he argued before.

Reason

A Texas Reporter Busted for Asking Questions Asks SCOTUS To Reject the Criminalization of Journalism

Priscilla Villarreal is appealing a 5th Circuit decision that dismissed her First Amendment lawsuit against Laredo police and prosecutors.

Reason

SCOTUS Misses a Chance To Protect Peaceful Protesters

Under a legal theory endorsed by the 5th Circuit, Martin Luther King Jr. could have been liable for other people’s violence.

Reason

Can the Government Say: If You Want to Sell Us These Products, You Must Answer Our Questions About Them?

From today's dissent from denial of rehearing en banc in Book People, Inc. v. Wong, written by Judge James Ho and joined by Jones, Smith, Duncan, and Engelhardt: States have a profound interest in protecting the innocence of children from various adult activities. We don't let children buy alcohol. We…

Reason

This Prosecutor Secretly Worked for the Judges Overseeing His Cases. Will His Victims Be Able To Sue?

Ralph Petty likely violated the Constitution. In a rare move, a federal court signaled this week that lawsuits against him may not be dead on arrival.

Reason

She Was Arrested for Her Journalism. A Federal Court Says She Can't Sue.

Priscilla Villarreal, also known as "Lagordiloca," has sparked a debate about free speech and who, exactly, is a journalist.

Reason

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Reason

Trump's Promise to 'Indemnify' Cops 'Against Any and All Liability' Is Absurd for 2 Reasons

Police officers already are routinely indemnified, and suing them for abuse is much harder than Trump claims.

Reason

5th Circuit Reluctantly Rules Against Victim of a Prosecutor Who Was Also a Law Clerk

Ralph Petty's "conflicted dual-hat arrangement" as an advocate and an adjudicator was "utterly bonkers," Judge Don Willett notes.

Reason

Fifth Circuit Rules Against Texas in Case Where State Claimed Immigration and Drug Smuggling Qualify as "Invasion"

The ruling is mostly based on statutory issues, but also covers the "invasion" question.

Chicago Sun-Times

Lawsuit against Black Lives Matter leader endangers free speech rights

The U.S. Supreme Court should take the case of a Black Lives Matter leader in Louisiana who is being sued by a police officer who was injured in protests led by BLM.

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Reason

Holding Protest Leaders Liable for Others' Violence Threatens First Amendment Rights

A lawsuit against a Black Lives Matter activist could have a chilling impact on constitutionally protected activity.

Reason

Fifth Circuit Panel Reconsidering Part of Its Missouri v. Biden Decision

[UPDATE: Don't blog when tired or in a hurry! I regret to say the original post erroneously said the Fifth Circuit granted rehearing en banc -- the panel just granted panel rehearing, and I've corrected the post accordingly. My apologies for the error.]

Reason

Federal Government Improperly "Coerced" and "Significantly Encouraged" Certain Speech Restrictions by Social Media Platforms

In yesterday's decision in Missouri v. Biden, the Fifth Circuit (Judges Edith Clement, Jennifer Elrod, and Don Willett) held that the federal government violated the First Amendment by causing social media platforms to block posts on various topics (including "the COVID-19 lab-leak theory, pandemic lockdowns, vaccine side-effects, election fraud, and…

The Independent UK

Court revives doctors' lawsuit saying FDA overstepped its authority with anti-ivermectin campaign

A federal appeals court in New Orleans has revived a lawsuit by three doctors who say the Food and Drug Administration overstepped its authority in a campaign against the use of a drug that is not approved to treat COVID-19

Reason

Missouri v. Biden Fifth Circuit Panel Announced

I believe this just happened today, since argument is next week (Aug. 10); the panel is Judges Edith Brown Clement, Jennifer Walker Elrod, and Don Willett. Recall that this is the expedited appeal of the July 4 injunction that barred various federal departments from encouraging social media platforms to delete…

The Independent UK

Gun advocates challenge Biden administration rules on handgun braces at appeals court

Appellate court judges in New Orleans closely questioned a government attorney over a Biden administration rule aimed at curbing the use of stabilizing braces

Reason

The State-Created Danger Doctrine

From Judge Don Willett's opinion yesterday in Fisher v. Moore, joined by Chief Judge Priscilla Richman and Judge Jacques Wiener: A disabled public-school student was sexually assaulted by another student with known violent tendencies. [The assault involved the other student forcing the disabled student to perform oral sex on him.…

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