The Volokh Conspiracy
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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 certain content.
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Donny Ray! Tough break for the administration.
Let's look forward to a good read!
Anyone familiar with the "ranking of states by educational attainment" could predict the nature of a Fifth Circuit panel.
Not an impressive panel, to say the least. The administration has no chance with this crew.
Welcome to the Fifth Circuit, where Judge Don Willett is considered the reasonable, non-partisan, moderate jurist on a three-judge panel.
…I’m not even kidding.
Nobody thinks it's a joke (though MAGAs are certainly laughing).
But Willett is vocally pro-family, a sports fan, and a lover of Texas, and he's hinted that he likes motherhood and apple pie. What more could you ask from a judge?
I just wish he was black or gay or trans, then he would look (and think) more like America!
I actually think that in the constellation of terrible partisan judges that is the 5th Circuit, Judge Willett is actually ... not terrible, and not loony tunes partisan. I don't agree with his jurisprudence, but I respect it. In an ideal world, he would be one of a plethora of voices that offer differing perspectives on the law.
That said, it says a lot about the 5th Circuit that when I looked at this draw, my immediate thought was ... well, this is absolutely terrible, but at least they got Judge Willett, because he might actually engage with law-like substance.
Watching the Biden administration get ground up into little pieces by a 5th Circuit panel will be very entertaining.
As much fun as watching conservatives get stomped in the not-quite-over-but-settled culture war has been?
How's Roe v Wade doing these days?