Don Willett

Don Willett

Nonpartisan

United States Court of Appeals for the 5th Circuit

Tenure

2018 - Present

Years in position

6

Bildung

Bachelor's

Baylor University, 1988

Law

Duke University School of Law, 1992

Personal

Birthplace

Dallas, Texas

Don R. Willett is a judge on the United States Court of Appeals for the 5th Circuit. He was nominated to the court by President Donald Trump (R) on October 3, 2017, and confirmed by the U.S. Senate on December 13, 2017, by a vote of 50-47. To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 5th Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the 5th Circuit Court, click here.

Previously, Willett was a justice on the Texas Supreme Court. He was appointed to that position by Governor Rick Perry (R) and served from 2005 to 2018.

Willett was included on President Donald Trump’s (R) June 2018 list of 25 potential Supreme Court nominees to replace Justice Anthony Kennedy on the court. Trump first released such a list during his 2016 presidential campaign and stated, “This list is definitive and I will choose only from it in picking future Justices of the United States Supreme Court.”

Willett was also included in a list of 18 potential Supreme Court nominees released by 2020 Libertarian Party presidential nominee Jo Jorgensen.

Judicial nominations and appointments

United States Court of Appeals for the 5th Circuit (2018-present)

See also: Federal judges nominated by Donald Trump

Willett was nominated to the United States Court of Appeals for the 5th Circuit by President Donald Trump (R) on October 3, 2017. The U.S. Senate confirmed Willett on December 13, 2017, by a vote of 50-47. He received commission on January 2, 2018. To read more about the federal nomination process, click here.

Nomination Tracker
Nominee Information
Name: Don R. Willett
Court: United States Court of Appeals for the 5th Circuit
Progress
Confirmed 71 days after nomination.
ANominated: October 3, 2017
AABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
AHearing: November 15, 2017
QFRs: (Hover over QFRs to read more)
AReported:
AConfirmed: December 13, 2017
AVote: 50-47

Confirmation vote

The U.S. Senate confirmed Willett on December 13, 2017, on a vote of 50-47. To see a full breakdown of the vote on the official U.S. Senate website, click here.

Don Willett confirmation vote (December 13, 2017)
Party	Yea	Nay	No vote
Democratic	0	45	1
Republican	50	0	2
Independent	0	2	0
Total	50	47	3

Senate Judiciary Committee hearing

Willett had his hearing before the Senate Judiciary Committee on November 15, 2017. The committee voted to advance Willett's nomination to the full Senate on December 7, 2017.

Nomination

Willett was nominated to replace Judge Emilio Garza, who assumed senior status on January 5, 2015.

The American Bar Association unanimously rated Willett well qualified for the position. To read more about ABA ratings, click here.

Texas Supreme Court (2005-2017)

See also: Judges appointed by Rick Perry

Willett was a justice on the Texas Supreme Court from 2005 to 2017. He was appointed by Republican Governor Rick Perry and took office on August 24, 2005. He was elected to a full term in 2006 and re-elected in 2012.

2012 Election

See also: Texas judicial elections, 2012

Willett defeated Libertarian Robert Stuart Koelsch in the general election on November 6, 2012, with 78.8 percent of the vote.

Willett defeated Steven W. Smith in the Republican primary on May 29, winning 57.7 percent of the vote.

Endorsements

Willett was endorsed by the Young Conservatives of Texas. In their endorsement, the Young Conservatives of Texas said:

"

Justice Willett has earned consensus support from every corner of the conservative movement: pro-life, pro-faith, pro-family, pro-liberty, pro-gun rights, pro-law enforcement, pro-private property, and pro-limited government.

”

Campaign advertisements

In 2012 Don Willett spent $1,167,930 on primary TV ads.

Don Willett's 2012 campaign ad

2006 election

Willett was elected to his seat on November 7, 2006. He narrowly defeated William Moody and Wade Wilson, winning 51.04 percent of the vote.

Political ideology

See also: Political ideology of State Supreme Court Justices

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan ideology of state supreme court justices. They created a scoring system in which a score above 0 indicated a more conservative-leaning ideology, while scores below 0 were more liberal.

Willett received a campaign finance score of 0.97, indicating a conservative ideological leaning. This was more conservative than the average score of 0.91 that justices received in Texas.

The study was based on data from campaign contributions by the judges themselves, the partisan leaning of those who contributed to the judges' campaigns, or, in the absence of elections, the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice, but an academic summary of various relevant factors.

Early life and education

Born in Dallas, TX, Willett received his B.B.A. from Baylor University in 1988 and his A.M. from Duke University in 1992. He also received his J.D. from Duke University School of Law in 1992.

Professional career

After graduating from law school, Willett clerked for Judge Jerre Williams on the United States Court of Appeals for the 5th Circuit. In 1996, he joined former Governor George W. Bush's administration as the director of Research & Special Projects. He also worked with the Bush-Cheney 2000 presidential campaign and transition team as the special adviser on Domestic Policy & Special Projects. He then served as a special assistant to President Bush and then as a deputy attorney general for the U.S. Department of Justice. In 2003, he joined Texas Attorney General Greg Abbott's office as chief legal adviser, where he worked until his appointment to the Texas Supreme Court in 2005. As of 2018, he has served as a judge on the United States Court of Appeals for the 5th Circuit

Possible Donald Trump nominee to the U.S. Supreme Court

See also: Possible nominees to replace Anthony Kennedy on the United States Supreme Court

See also: Process to fill the vacated seat of Justice Antonin Scalia

2018

Willett was listed by President Donald Trump (R) as a potential Supreme Court nominee to replace Justice Anthony Kennedy. Kennedy announced he would retire from the court effective July 31, 2018. Trump ultimately chose Brett Kavanaugh as the nominee. Click here to learn more.

2017

On November 17, 2017, Willett was included in a third list of individuals from which President Donald Trump would choose to fill vacancies on the U.S. Supreme Court.

A White House statement announcing the nominees stated,

"

One year ago, President Donald J. Trump was elected to restore the rule of law and to Make the Judiciary Great Again. Following the successful confirmation of Justice Neil M. Gorsuch to the Supreme Court of the United States and the nomination of more than seventy Federal judges—including five individuals from his Supreme Court list—President Trump today announced that he is refreshing his Supreme Court list with five additional judges. President Trump will choose a nominee for a future Supreme Court vacancy, should one arise, from this updated list of 25 individuals. The President remains deeply committed to identifying and selecting outstanding jurists in the mold of Justice Gorsuch. These additions, like those on the original list released more than a year ago, were selected with input from respected conservative leaders.

”

Noteworthy cases

Big Tyme Investments, LLC v. Edwards & 910 E Main, LLC v. Edwards (2021)

See also: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020

Big Tyme Investments, LLC v. Edwards & 910 E Main, LLC v. Edwards: On January 13, 2020, the U.S. Court of Appeals for the Fifth Circuit upheld Governor John Bel Edwards' (D) authority to order COVID-19-related bar closures and alcohol restrictions. The Fifth Circuit affirmed the decisions of two lower courts, dismissing arguments that Edwards’ order violated the Equal Protection Clause of the Fourteenth Amendment. The case was heard by Circuit Judges James Dennis, a Bill Clinton (D) appointee; Stephen Higginson, a Barack Obama (D) appointee; and Don Willett, Donald Trump (R) appointee. Higginson authored the opinion, and Willett filed a separate concurrence. In response to the decision, Edwards said, "None of the decisions I have made for the past 10 months have been easy, especially when it comes to limiting businesses, and I am pleased that another court has upheld what I have always said: that these orders are completely constitutional, legal and necessary to protect public health." At the time of the ruling, the plaintiffs did not indicate whether they would appeal the decision.

Federal appeals court finds FHFA structure unconstitutional (2018)

On July 16, 2018, a panel of the United States Court of Appeals for the Fifth Circuit held in Collins v. Mnuchin that the structure of the Federal Housing Finance Agency (FHFA) is unconstitutional because it is led by a single director who is only removable by the president for cause. The panel consisted of Chief Judge Carl Stewart and Judges Catharina Haynes and Don Willett.

In Collins v. Mnuchin, Fannie Mae and Freddie Mac shareholders presented the following complaints:

• A 2012 dividend agreement between the FHFA and the U.S. Department of the Treasury, which rendered their shares valueless, exceeded the statutory authority of the FHFA and the Treasury Department.
• The FHFA was unconstitutionally structured because it was headed by a single director who was only removable for cause and it did not depend on congressional appropriations.

A district court dismissed the shareholders’ complaints. In a split per curiam decision, however, the Fifth Circuit panel reversed the decision on the grounds that the structure of the FHFA violates the separation of powers because the agency’s director is too insulated from presidential control. The court struck the language from HERA that only allowed the president to dismiss the FHFA director for good cause. Though the panel found the FHFA structure unconstitutional, they upheld the statutory authority of FHFA and Treasury Department to enter into the dividend agreement.

Both the plaintiffs and the FHFA filed petitions for rehearing en banc—before the full Fifth Circuit—in August 2018. The court heard arguments en banc on January 23, 2019.

In a July 9, 2019, letter, the Federal Housing Finance Agency (FHFA) asked the Fifth Circuit Court of Appeals to uphold for-cause removal protections. The FHFA told the court that the agency’s new director, Mark A. Calabria, had reconsidered the constitutionality of the agency’s structure. The agency’s interim director, Joseph Otting, had decided not to defend the structure of the agency, but Calabria argued that the court should rule that the U.S. Constitution allows Congress to create agencies with single directors insulated from presidential control.

Court questions Obergefell's reach (2017)

After the United States Supreme Court invalidated the federal law prohibiting same-sex marriage, the City of Houston determined that it was required to offer the same employment benefits (such as spousal health insurance) to married same-sex couples that it did to married heterosexual couples. Two Houston citizens filed suit, arguing that the city's decision to offer benefits to same-sex couples violated Texas and city laws prohibiting the recognition of same-sex marriage. The trial court issued a temporary injunction to prevent the city from offering benefits to same-sex couples while the case was litigated. However, before the case was resolved, the U.S. Supreme Court decided Obergefell v. Hodges. In Obergefell, the U.S. Supreme Court ruled that the United States Constitution protects the right to same-sex marriage, invalidating same-sex marriage bans around the country. The court wrote that states could not deny same-sex couples “the constellation of benefits that the State has linked to marriage.”

Citing Obergefell, the Texas Court of Appeals reversed the temporary injunction and remanded the case back to the trial court. The plaintiffs then appealed to the Texas Supreme Court. On appeal, the plaintiffs argued that Obergefell only required states to issue marriage licenses to same-sex couples and did not affect any other marriage-based benefits. The city argued that Obergefell required it to offer the same set of benefits to both same-sex and heterosexual married couples. On June 30, 2017 a unanimous Texas Supreme Court sent the case back to the trial court. The court ruled that Obergefell constitutes a "'change in the law' that justified the dissolution of the trial court’s injunction," but opined that Obergefell "did not address and resolve [the] specific issue...whether and the extent to which the Constitution requires states or cities to provide tax-funded benefits to same-sex couples."

About the court

Fifth Circuit
Court of Appeals
Judgeships
Posts: 17
Judges: 17
Vacancies: 0
Judges
Chief: Priscilla Richman
Active judges: Dana Douglas, Stuart Kyle Duncan, Jennifer Elrod, Kurt Engelhardt, James Graves, Catharina Haynes, Stephen Higginson, James C. Ho, Edith Jones, Andrew Oldham, Irma Ramirez, Priscilla Richman, Jerry Smith, Leslie Southwick, Carl Stewart, Don Willett, Cory Wilson Senior judges: Rhesa Barksdale, Fortunato Benavides, Edith Clement, W. Eugene Davis, James Dennis, John Duhe, Patrick Higginbotham, E. Grady Jolly, Carolyn King, Jacques Wiener

The United States Court of Appeals for the Fifth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States. Appeals are heard in the John Minor Wisdom U.S. Courthouse in New Orleans, Louisiana.

Map of the Fifth Circuit. Click on a district to find out more about it.

The Fifth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Fifth Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Samuel Alito is the circuit justice for the Fifth Circuit.

The United States Court of Appeals for the 5th Circuit has appellate jurisdiction over the district courts in the following districts:

• Eastern District of Louisiana
• Middle District of Louisiana
• Western District of Louisiana
• Northern District of Mississippi
• Southern District of Mississippi
• Eastern District of Texas
• Northern District of Texas
• Southern District of Texas
• Western District of Texas

To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

• The president nominates an individual for a judicial seat.
• The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
• The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.

• As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.

• After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.

• If approved, the nominee is voted on by the full Senate.
• If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.

• The Senate holds a vote on the candidate.

• If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
• If the Senate does not confirm the nomination, that nominee does not become a judge.

See also

• United States Court of Appeals for the 5th Circuit

External links

Suggest a link

• Search Google News for this topic
• Judge Willett's biography from the Federal Judicial Center

Footnotes

Political offices
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