5th Circuit judge's remarks spur talk of Supreme Court audition
Public remarks by Judge James C. Ho of the 5th U.S. Circuit Court of Appeals at New Orleans have “rekindled talk of a possible audition for the Supreme Court,” according to Bloomberg Law. (Photo from the 5th U.S. Circuit Court of Appeals at New Orleans)
Public remarks by a conservative federal appeals judge have “rekindled talk of a possible audition for the Supreme Court," according to a story by Bloomberg Law.
Judge James C. Ho of the 5th U.S. Circuit Court of Appeals at New Orleans is already known for boycotting the hiring of clerks from law schools that he thinks have mishandled student protests or stifled conservative views.
Now, he is getting attention for comments about birthright citizenship, people who think that conservative viewpoints are “garbage,” and his appearance on a conservative podcast.
Bloomberg Law highlighted these remarks:
• Ho appeared to embrace an argument against birthright citizenship, enshrined in the 14th Amendment, in an interview with Josh Blackman, a professor at the South Texas College of Law in Houston, published at the Volokh Conspiracy. “Birthright citizenship obviously doesn’t apply in case of war or invasion,” Ho said as he referred to a prior case in which Texas argued that illegal immigration qualifies as an invasion under the Constitution. “No one to my knowledge has ever argued that the children of invading aliens are entitled to birthright citizenship.”
• On a panel for the conservative Federalist Society, Ho took “a swipe at critics of the Supreme Court,” according to Bloomberg Law. “Too many academics regard the views of half the country as garbage,” Ho said. He also may have been referencing a comment by President Joe Biden, who appeared to call supporters of President-elect Donald Trump “garbage.”
• In an interview with the conservative Advisory Opinions podcast, Ho said he agreed to appear to counter negative remarks by some judges. He appeared to be referring to criticism by Judge Amul Thapar of the 6th Circuit at Cincinnati, who said he doesn’t think that law grads should be boycotted in clerk hiring to punish their schools.
At least one person doesn’t think that Ho’s remarks are intended to increase his chances for a Supreme Court nomination.
Brad Hubbard, a partner at Gibson, Dunn & Crutcher and one of Ho’s former law clerks, told Bloomberg Law that Dallas-based Ho “loves his family and loathes D.C.”
Ho’s wife is a Gibson Dunn partner who has argued before the Supreme Court, which could lead to conflicts issues if Ho becomes a justice.
