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The Latest Breaking News from James Ho

Journal of Free Speech Law: "Cancel Culture and the Constitution: Three Reasons Why We Should Embrace Free Speech," by Judge James Ho

Based on a Constitution Day Lecture delivered at Wofford College last September 11.

Reason

Fifth Circuit Will Rehear Alien Enemies Act Case En Banc

It will review a panel decision holding that Trump could not invoke this sweeping wartime authority by claiming illegal migration and drug smuggling qualify as an "invasion."

Reason

No Qualified Immunity as to Allegations that Pre-K School Principal Failed to Respond to Sexual Molestation of Student by Teacher

From Doe v. Jewell, decided Friday by Fifth Circuit Judge Patrick Higginbotham, joined by Judges Don Willett and James Ho:… The post No Qualified Immunity as to Allegations that Pre-K School Principal Failed to Respond to Sexual Molestation of Student by Teacher appeared first on Reason.com.

Reason

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Federal appeals court sides with Texas on ID requirements for voting by mail

The U.S. Fifth Circuit Court of Appeals found that the state’s voter ID requirements for mail-in ballots do not violate the Civil Rights Act.

The Texas Tribune

Trump is making plans to avoid an RBG situation on the Supreme Court, his next picks could be even more right-wing

President appointed three of the nine judges on the Supreme Court during his first term

The Independent UK

Judge James Ho's Concurrence in the Fifth Circuit Library Decision: Positive Rights vs. Negative Rights

An excerpt from Judge Ho's concurrence in the Little v. Llano County en banc decision (he also joined the majority… The post Judge James Ho's Concurrence in the Fifth Circuit Library Decision: Positive Rights vs. Negative Rights appeared first on Reason.com.

Reason

First Amendment Challenge to Texas State University Speech Code Can Go Forward

From today's Fifth Circuit decision in Speech First, Inc. v. McCall, written by Judge James Ho and joined by Judges… The post First Amendment Challenge to Texas State University Speech Code Can Go Forward appeared first on Reason.com.

Reason

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The Audition Trap

When I write something controversial, I expect blowback. My recent posts about Justice Barrett were no exception. I received the… The post The Audition Trap appeared first on Reason.com.

Reason

U.S. Supreme Court takes up Texas nuclear waste disposal case

The case could establish the nation’s first independent repository for spent nuclear fuel in West Texas, despite the objections of state leaders.

The Texas Tribune

Debating Birthright Citizenship (Again) [UPDATED]

The arguments are not new. The willingness of an Administration to act on them are.

Reason

Trump Cannot Restrict Birthright Citizenship by Presidential Edict

The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.

Reason

These Texans could join or influence a second Trump administration

Donald Trump has built close ties to many Texas Republicans, from judges to elected officials to policy experts.

The Texas Tribune

Alliance for Hippocratic Medicine on Remand—Still Struggling with Standing

No, the U.S. Court of Appeals for the Fifth Circuit's initial standing rulings were not faithful applications of Supreme Court precedent.

Reason

En Banc Fifth Circuit Rules for Texas in Water Buoy Case, but Doesn't Resolve Issue of Whether Illegal Migration Qualifies as "Invasion"

The invasion argument is still being litigated in another case.

Reason

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Reason

SCOTUS Dodges a Crucial Problem With Disarming People Based on Restraining Orders

The Court says "a credible threat" justifies a ban on gun possession but does not address situations where there is no such judicial finding.

Reason

Can the Government Say: If You Want to Sell Us These Products, You Must Answer Our Questions About Them?

From today's dissent from denial of rehearing en banc in Book People, Inc. v. Wong, written by Judge James Ho and joined by Jones, Smith, Duncan, and Engelhardt: States have a profound interest in protecting the innocence of children from various adult activities. We don't let children buy alcohol. We…

The Guardian - US

Even the US supreme court was baffled by conservatives’ attack on abortion pills

The anti-choice case relies on outlandish legal leaps. And if they can’t win there, they’ll redouble efforts to win the White House

The Guardian - US

The next Clarence Thomas? Abortion pill case spotlights rightwing judge and his wife’s shadowy connections

Judge James Ho ruled to restrict mifepristone. His wife Allyson is linked to the anti-abortion group that brought the case

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Roll Call

Supreme Court to hear arguments on Trump-era ‘bump stock’ rule - Roll Call

The Supreme Court will hear arguments Wednesday over whether the federal government can ban devices known as “bump stocks.”

Reason

The 5th Circuit Says Criminalizing Journalism Is Not Obviously Unconstitutional

The appeals court dismissed a civil rights lawsuit by a Laredo gadfly who was arrested for asking questions.

Reason

Second Amendment Roundup: Judge Ho 2.0

If the government must “square corners” to protect illegal aliens and convicted criminals, Constitutional protections for Americans deserve consistent application.

Salon

SCOTUS could soon make shootings worse

A case made to appeal to Clarence Thomas and Sam Alito may end mental health and domestic violence gun restrictions

Salon

Trump judge: Women owe us more sonograms

Judge James Ho argues women must be forced into pregnancy so others can "cheer at the sight of an unborn child"

Chicago Sun-Times

An appeals court backs some abortion drug limits, pending the Supreme Court’s approval

A federal appeals panel upholds a lower-court ruling banning mail-order delivery of mifepristone and allows its use only through the seventh week of pregnancy. The ruling won’t take effect until the high court weighs in.

The Independent UK

Some abortion drug restrictions are upheld by an appeals court in a case bound for the Supreme Court

New restrictions on access to a drug used in the most common form of abortion would be imposed under a federal appeals court ruling

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