Don Willett

North Carolina · connectedBorn 1966

United States Circuit Judge for the Fifth Circuit

Studied at Duke University
Studied at Duke University School of Law

lawyer, judge

Recorded without a firm citation

Kept here, labelled, rather than mixed in above.

Our Constitution exists to secure individual freedom, the essential condition of human flourishing. Liberty is not provided by government; liberty preexists government. It’s our natural birthright, not a gift from the sovereign. Our founders upended things and divided power to enshrine a promise, not a process.

I diligently self-censor and aim for carefulness,” Willett told me, “A few cardinal rules: I don’t throw partisan sharp elbows or discuss pending cases. I keep things light and upbeat. Whether you’re crafting a 140-page opinion or a 140-character tweet, judges must always be judicious.

Judges should always behave judicially by adjudicating, never politically by legislating. I leave policy to policymakers. They’re preeminent, but they’re not omnipotent. In other words, lawmakers decide if laws pass, but judges decide if laws pass muster. There’s a fateful difference between activist judges who concoct rights and active judges who dutifully protect the rights our Framers actually enshrined.