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Both sides claim victory after Supreme Court rules Texas rancher can sue state over flooded lands

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Both sides claim victory after Supreme Court rules Texas rancher can sue state over flooded lands

The Supreme Court unanimously ruled Tuesday that ranchers can sue the state of Texas over highway construction they allege flooded their lands.

“This is the pinnacle of a long, hard-fought battle, and we can’t stress enough what a blessing this is,” rancher Richie DeVillier said in a statement after the ruling.

But in an unusual twist, Texas Attorney General Ken Paxton is also claiming victory, stating the court’s decision protects “the ability of Texas to handle compensation disputes under State law for any allegedly taken property.”

The Supreme Court unanimously ruled that Richie DeVillier and other property owners can sue the state of Texas under the Fifth Amendment. (Courtesy Institute for Justice)

SUPREME COURT HEARS CASE OF TEXAS GRANDMOTHER THROWN IN JAIL AFTER CRITICIZING CITY GOVERNMENT

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DeVillier’s family has lived in Winnie, Texas, since the early 1900s when his great-grandfather homesteaded the land. In all that time, their 900 acres had never flooded because water naturally flowed south to the Gulf of Mexico, DeVillier said.

Then the Texas Department of Transportation renovated Interstate 10 along the ranch, widening the highway, raising it a foot and a half and adding an impermeable, nearly three-foot-high concrete barrier along the middle of it, according to DeVillier and his lawyers from the Institute for Justice.

The ranch turned into a lake when Hurricane Harvey hit. In addition to extensive damage to their home and belongings, the DeVilliers lost about 60 of their 300 cows and calves, plus seven horses.

“That was one of the most horrible things that I’ve had to go through,” DeVillier previously told Fox News. “It’s hard enough seeing a cow drowned. But horses are a different thing. Horses are parts of our souls.”

Two years later, Tropical Storm Imelda hit and their ranch flooded again.

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Left, Richie DeVillier’s son leans over the side of a boat to hold a calf’s head above water. Center, hay bales and ranch equipment stick out of the floodwaters following Hurricane Harvey in 2017. Right, water covers one side of Interstate 10. (Courtesy Institute for Justice)

CANCER SURVIVOR DEALT NEW BLOW AFTER TEXAS POLICE DESTROYED HER HOUSE, BUT LAWYERS SAY CITY STILL HAS TO PAY

The DeVilliers and their neighbors sued, arguing that Texas can turn their farms into a lake if it needs to, but not without paying the property owners. They pointed to the Fifth Amendment of the Constitution, which protects Americans against the taking of property by the government without compensation.

Texas argued that the Takings Clause in the Fifth Amendment didn’t apply since it doesn’t explicitly indicate that a state government must provide just compensation for property it seizes or damages. The 5th Circuit Court of Appeals agreed.

But Texas changed course in January when attorneys presented their cases before the Supreme Court, telling the justices that the ranchers could in fact sue in state court under the Fifth Amendment.

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“You’re the one who removed to federal court,” Justice Sonia Sotomayor said at the time. “This seems to me like a totally made-up case because they did exactly what they had to do under Texas law.”

Texas Solicitor General Aaron Nielson rejected that characterization, saying the state may simply have “misunderstood” what the ranchers were arguing, according to SCOTUS transcripts. Nielson said Texas would not oppose an attempt by DeVillier to amend the lawsuit and proceed under state law, according to the court’s opinion, written by Justice Clarence Thomas.

WATCH: RANCHER SAYS TEXAS HIGHWAY PROJECT FLOODED HIS LAND, KILLING CATTLE AND HORSES:

WATCH MORE FOX NEWS DIGITAL ORIGINALS HERE 

The Supreme Court unanimously vacated the 5th Circuit decision and ruled that the DeVilliers and other property owners should be allowed to “pursue their claims under the Takings Clause through the cause of action available under Texas law.”

“Texas’s rapid about-face at the Supreme Court means that Richie and his family will still have their day in court,” IJ President and Chief Council Scott Bullock said in a prepared statement.

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But Paxton’s office declared itself the winner in the case in a press release Tuesday afternoon.

“For as long as Texas has been Texas, it has recognized that property rights are crucial to a free society,” Paxton said. “Under the U.S. Constitution, such claims should be pursued under state law unless Congress has said otherwise. I’m pleased the Supreme Court agreed with us unanimously that citizens should sue under Texas law.”

IJ Deputy Litigation Director Robert McNamara, who argued on DeVillier’s behalf, was baffled by Texas’ characterization of the outcome.

“The upshot of today’s decision is that Richie’s case against Texas is going to trial when Texas didn’t want it to,” McNamara said. “That’s what losing looks like.”

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The Texas attorney general’s office did not respond to emailed questions about the case. The state doesn’t admit or deny in court documents that raising the interstate caused the flooding.

To hear more from DeVillier and to see video of the floods, click here.

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Texas requires students learn about ‘perils of communism’ in sweeping new curriculum overhaul

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Texas requires students learn about ‘perils of communism’ in sweeping new curriculum overhaul

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A rewrite of Texas’ social studies curriculum will require educators to teach students about the perils of communism, according to a recent report.

“The new framework, known as the ‘comprehensive’ model, introduces a novel chronological approach to history and signals that the process will result in drastically different new standards,” the Houston Chronicle reported.

Set to take effect in the fall of 2030, “the model, favored by conservatives on the board, boosts the proportion of Texas history, and removes standalone world cultures courses,” the piece said. 

“Third grade will now begin with ‘birth of Western civilizations’ and eighth grade will become a Texas history-only capstone course.”

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LET’S TEACH OUR KIDS WHY AMERICA IS WORTH FIGHTING FOR  

A rewrite of Texas’ social studies curriculum will require educators to teach students about the perils of communism, according to a recent report. (fstop123/iStock via Getty Images Plus)

The State Board of Education approved the Social Studies plan by a vote of 8-7 in September.

Under the revised standards, the curriculum will focus more on Texas history and U.S. history rather than world history and cultures. 

The Houston Chronicle reported that Democrats on the board raised concerns about the changes.

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“Democrats on the board say the new framework reduces representation, will be more difficult for teachers to explain and delays lessons about nonwhite people to later grades,” the piece said. 

“Looking at this storytelling thing, when do people that look like me get to learn about themselves before the fifth grade?” Staci Childs, D-Houston, was quoted as saying in the article, speaking about herself and other Black or Hispanic members of the board. 

The Houston Chronicle also reported, “The standards are also being revised to align with recently-passed state law that requires students to be taught about the perils of communism.”

FIVE HOPEFUL SIGNS COLLEGE STUDENTS ARE SEEKING TRUTH ONCE MORE 

Under the revised standards, the curriculum will focus more on Texas history and U.S. history rather than world history and cultures.  (Fox News/Paul Steinhauser)

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In the revised framework, according to the report, “Students must learn about ‘atrocities attributable to communist regimes,’ including the Cambodian genocide, guerrilla movements in Latin America and the ‘oppression and suffering experienced by people living under communist regimes.’ The lessons must also touch on modern threats posed to the U.S. and its allies by communist regimes and ideologies.” 

Fox News Digital reached out to the Texas State Board of Education; Rep. Aaron Kinsey, R-Midland, chair of the Texas State Board of Education; and Childs for comment. 

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State Democrats raised concerns about the new curriculum, with one state lawmaker saying it reduces representation of Black and Hispanic Texans.  (Getty)

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San Antonio teen who vanished Christmas Eve found dead by suicide in nearby field after days-long search

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San Antonio teen who vanished Christmas Eve found dead by suicide in nearby field after days-long search

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This story discusses suicide. If you or someone you know is having thoughts of suicide, please contact the Suicide & Crisis Lifeline at 988 or 1-800-273-TALK (8255).

Texas authorities confirmed on Thursday a missing San Antonio teen who vanished on Christmas Eve took her own life.

Camila Mendoza Olmos, 19, was last seen alive at about 7 a.m. on Dec. 24, walking a few blocks from her home.

Olmos’ body was found Tuesday in a field just a few hundred yards from her home, next to a gun, according to a report from affiliate FOX 7 Austin.

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Officials confirmed they found the body of Camila Mendoza Olmos, who went missing on Christmas Eve. (Help Find Camila Mendoza Olmos via Facebook)

BODY FOUND DURING SEARCH FOR MISSING TEXAS TEEN CAMILA MENDOZA OLMOS AS ANOTHER TEEN GIRL DISAPPEARS

The Bexar County Medical Examiner’s Office identified the body as Olmos on Wednesday, determining the cause of death was a gunshot wound to the head and ruling the manner of death a suicide, according to the Bexar County Sheriff’s Office.

The sheriff’s office previously said Olmos had a history of suicidal ideation and depression, noting there were no signs of foul play.

Camila Olmos was reported missing on Christmas Eve morning. (Bexar County Sheriff)

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MISSING CAMILA MENDOZA OLMOS: DASHCAM CAPTURES LAST SIGHTING OF TEXAS TEEN WHO VANISHED CHRISTMAS EVE

The body appeared to have been in the location where it was found for several days, according to authorities.

In a Facebook post Wednesday afternoon, family members thanked the community for their support.

“In the name of the Olmos family, we want to give a humble and heartfelt thank you to all the news reporters, churches, friends, families, and communities for your support and prayers,” Nancy Olmos wrote in the post. “Our beloved Camila Mendoza Olmos is now with the Good Lord.”

Camila Mendoza Olmos’ manner of death was ruled a suicide, according to officials. (Help Find Camila Mendoza Olmos via Facebook)

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“We kindly ask that you please respect our pain and, most importantly, keep my cousin Rosario—Camila’s mom—and my nephew Carlos—Camila’s brother—in your prayers during this incredibly difficult time,” she added. “Thank you, and God bless you all.”

Fox News Digital’s Michael Ruiz contributed to this report.

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University of Oklahoma teaching assistant fired after flunking Christian student files appeal with school

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University of Oklahoma teaching assistant fired after flunking Christian student files appeal with school

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A University of Oklahoma graduate teaching assistant who was fired after flunking a Christian student who cited the Bible in an essay, causing a national uproar, is appealing the school’s decision. 

Brittany Stewart, a self-employed and self-described civil rights lawyer, said she is representing William “Mel” Curth, who assessed student Samantha Fulnecky a zero out of 25 on an assignment about gender norms.

“Today, my client, Mel Curth, submitted her appeal of the University’s Institutional Equity Office finding that she engaged in arbitrary and capricious grading of a student’s assignment in violation of that student’s religious liberty,” Stewart said on Bluesky earlier this week.

OU student Samantha Fulnecky, with her Bible, in the Oklahoma Memorial Union, Monday, Nov. 24, 2025. (Doug Hoke/The Oklahoman/Imagn Images)

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“Ms. Curth fully denies that she engaged in any discriminatory behavior,” the statement continues. “It is her position that the investigation was flawed, failed to consider all possible motives and issues, and that new evidence has come to light that undermines the investigation’s conclusion.”

CONSERVATIVE PROFESSOR SLAMS 0 GRADE FOR OKLAHOMA STUDENT’S BIBLICAL ESSAY AS PUNITIVE: ‘VERY INAPPROPRIATE’

Stewart did not specify what the new evidence is.

For the assignment, Curth, who uses she/they pronouns, asked students to read a short paper called, “Relations Among Gender Typicality, Peer Relations, and Mental Health During Early Adolescence,” which discusses results of a study about gender norms among middle schoolers and the social ramifications children may face if they don’t conform to gender norms.

The students were instructed to provide a “thoughtful discussion of some aspect of the article.”

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Fulnecky, a junior at the school, responded by saying she thought gender norms should not be viewed as stereotypes. She cited Genesis, the first book of the Bible, in which God created men and women equally, but with separate purposes.

UNIVERSITY OF OKLAHOMA REMOVES PROFESSOR FOR ALLEGED DISCRIMINATION RELATED TO TA WHO GAVE CHRISTIAN STUDENT 0

Students walk on campus between classes at the University of Oklahoma on March 11, 2015, in Norman, Oklahoma. (Brett Deering/Getty Images)

“Gender roles and tendencies should not be considered ‘stereotypes,’” Fulnecky wrote in her essay. “Women naturally want to do womanly things because God created us with those womanly desires in our hearts. The same goes for men. God created men in the image of His courage and strength, and He created women in the image of His beauty. He intentionally created women differently than men and we should live our lives with that in mind.”

She later described the normalization of non-binary gender as “demonic.”

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Curth took exception to Fulnecky’s response.

“Please note that I am not deducting points because you have certain beliefs, but instead I am deducting point [sic] for you posting a reaction paper that does not answer the questions for this assignment, contradicts itself, heavily uses personal ideology over empirical evidence in a scientific class, and is at times offensive,” Curth’s explanation for the grade said, later adding that the essay was “offensive” and claiming that science backs the idea that “gender is neither binary nor fixed.”

THIS WEEK IN CAMPUS RADICALS: CHRISTIAN STUDENT FLUNKED, JEWISH STUDENTS SHAKEN, CONSERVATIVE GROUPS BLOCKED

There were three grading criteria, according to Fulnecky, who said none of those criteria listed empirical evidence as a requirement.

“Does the paper show a clear tie-in to the assigned article?” was the first, worth up to 10 out of the assignment’s 25 total points.

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“Does the paper present a thoughtful reaction or response to the article, rather than a summary?” was the second, also worth up to 10 points.

“Is the paper clearly written?” was the last criterion, worth up to five points.

OU student Samantha Fulnecky, with her Bible, in the Oklahoma Memorial Union, Monday, Nov. 24, 2025. (Doug Hoke/The Oklahoman/USA Today Network via Imagn Images)

OU STUDENT’S ZERO FOR CHRISTIAN-BASED GENDER CRITIQUE TRIGGERS CONGRESSIONAL PUSHBACK OVER ACADEMIC BIAS

Fulnecky filed an official religious discrimination complaint with the school after receiving the zero grade, and Curth was put on administrative leave pending an investigation.

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On Dec. 22, the University of Oklahoma released a statement saying Curth had been fired.

“Based on an examination of the graduate teaching assistant’s prior grading standards and patterns, as well as the graduate teaching assistant’s own statements related to this matter, it was determined that the graduate teaching assistant was arbitrary in the grading of this specific paper,” the school said. “The graduate teaching assistant will no longer have instructional duties at the University.”

Stewart said in her statement that Fulnecky had an ulterior political motive for challenging the grade, and slammed the university for making public statements while she said Curth is bound by “confidentiality rules.”

“Rather than engaging in discrimination, Mel Curth has been the target of a political movement that seeks to silence and/or oust LGBTQ people from academia,” Stewart’s statement concludes. “Ms. Curth will continue to fight back against these harmful allegations.”

A University of Oklahoma campus sign is pictured in Norman, Oklahoma, on Dec. 1, 2024. (Kirby Lee/Getty Images)

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Fox News Digital reached out to Stewart and the University of Oklahoma for comment.

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