Fifth Circuit Panel: En Banc Court Needs to Change ‘Favorable Termination’ Rule Precedent

The U.S. Court of Appeals for the Fifth Circuit has developed a reputation for divisiveness among its members.

But Thursday, Judge Don Willett, Judge Carolyn King and Judge Dana Douglas — three jurists nominated by three different presidents and considered to have widely differing judicial leanings — came together in a unanimous opinion that highlighted what appears to be a major injustice, publicly sought a reversal of precedent by the full Fifth Circuit and demonstrated judicial restraint.