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The Latest Breaking News from James Ho

Part 2: Texas backlash to Obama fueled conservative drive to reinterpret U.S. Constitution

Barraging the Obama administration with lawsuits, the Texas attorney general’s office wasn’t just trying to block policies. It was injecting disruptive, overtly Christian legal philosophies into the mainstream, and grooming a generation of conservative legal warriors.

The Texas Tribune

Part 3: Under Trump, Texas’ foot soldiers became federal judges, securing a conservative stronghold in the courts

A federal judiciary full of ideological allies is helping Texas block Democratic priorities and advance right-wing legal doctrines. But the bigger prize is conservative control of the rule of law itself.

The Texas Tribune

GOP presidential hopeful Vivek Ramaswamy lists Senators Ted Cruz and Mike Lee as possible Supreme Court picks

A biotech entrepreneur and Republican presidential hopeful says he'd consider Sens. Ted Cruz of Texas and Mike Lee of Utah among several possible conservative candidates should he get to nominate someone to the U.S. Supreme Court

The Independent UK

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GOP presidential hopeful Vivek Ramaswamy lists Senators Cruz, Lee as possible Supreme Court picks

The Independent UK

Conservative attacks on US abortion and trans healthcare come from the same place

Both are part of a project to roll back the victories of the feminist and gay rights movements and inscribe in law a firm definition and hierarchy of gender

The Guardian - US

The abortion pill mifepristone has another day in federal court

While a Supreme Court order continues to ensure the drug is still widely available, the issue returned Wednesday to the Fifth Circuit Court of Appeals as lawyers for both sides urged the court to act.

WEKU

Republican-appointed federal judges grill FDA in mifepristone hearing

A legal challenge against a widely used abortion drug could be headed to the Supreme Court

The Independent UK

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Federal appeals court seems skeptical of FDA's abortion pill approval

The court is likely to issue a final decision in the coming weeks.

Axios

3 judges who chipped away abortion rights to hear federal abortion pill appeal

Three appeals court judges with a history of supporting restrictions on abortion will hear arguments May 17 on whether a widely used abortion drug should remain available

The Independent UK

Texas appellate judge defends Clarence Thomas’ honor over Harlan Crow-paid vacations

WASHINGTON – Appellate Judge James Ho of Dallas, a former law clerk to Clarence Thomas, defended the justice’s honor Tuesday, rejecting ethics allegations involving lavish trips provided by real estate magnate Harlan Crow.

Tribune News Service

Restraining Orders Do Not Prove That People Are 'Dangerous'

The Biden administration is defending a federal law that disarms Americans based on "boilerplate language" in orders that judges routinely grant.

Reason

Fifth Circuit Holds People Can't Be Disarmed Just Based on Civil Restraining Order

Judge James Ho concurs, adding "I write separately to point out that our Founders firmly believed in the fundamental role of government in protecting citizens against violence, as well as the individual right to keep and bear arms—and that these two principles are not inconsistent but entirely compatible with one…

Reason

"Free Speech, Wokeness, And Cancel Culture In The Legal Profession"

A very interesting interview by David Lat (Original Jurisdiction) with Judges Lisa Branch and James Ho; here's Lat's summary: Last week, I made my way up to Yale University for an event sponsored by the William F. Buckley Jr. Program, "Is Free Speech Dead On Campus?" It featured Judges James…

Reason

"Why Not the Right to Earn a Living?"

In today's Golden Glow Tanning Salon v. City of Columbus, the Fifth Circuit, in an opinion by Judge Edith Jones, joined by Judges James Ho and Cory Wilson, rejected an Equal Protection Clause and Takings Clause challenge to COVID lockdowns. This is a straightforward, and in my view a clearly…

Reason

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Tribune News Service

Cynthia M. Allen: Is canceling back the only cure for cancel culture? How one federal judge makes the case

In late September, Judge James Ho of the Fifth U.S. Circuit Court of Appeals, fired an unexpected (and arguably overdue) shot at campus cancel culture.

Reason

David Lat on the Yale Law School Free Speech Issues (Including the Boycott)

David Lat (Original Jurisdiction) has a characteristically detailed and thoughtful article on the issue. The article links to Judge James Ho's article (based on his speech) in which he explains his thinking behind his boycott of clerk applicants from future Yale Law School classes; and it also links to Judge…

Reason

Shifting the Hoverton Window

As a general matter, lawyers tend to be conservative. Not in the sense that they are right-of-center. Indeed, lawyers skew left. Rather, attorneys favor stability: support ideas they know, approved by people they trust, that are communicated through established channels. That preference for the status quo can be altered in…

Reason

Yale Law School, Judge Ho, Neutrals, and Secondary Boycotts

Even when there's good reason to criticize universities, we should keep the students out of our battles.

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Reason

Thoughts On Judge Ho's Clerkship Boycott

[This is a guest post by Prof. Jack Goldsmith of the Harvard Law School.]

Reason

Boycotting Law Schools in Clerk Hiring As a Way to Influence Law School Culture

Thoughts in response to Judge Ho's recent announcement.

Reason

Ramaswamy, Ho, and Goldman

A surprising (to me) controversy.

The Independent UK

Suit alleging off-camera jail beatings revived

A federal appeals court has cleared the way for a lawsuit to proceed against guards and officials at a privately run north Louisiana jail where an inmate died with a fractured skull in 2015

Reason

"So No Damages for Past Injury, Due to Immunity—and no Injunction to Stop Future Injury, Due to Mootness"

An interesting concurrence by Fifth Circuit Judge James Ho.

Axios

Trump judges become culture war flamethrowers

During his term, Trump appointed 234 judges who will rule on some of the most consequential issues for decades.

Reason

Judge James Ho Defends Ilya Shapiro and Color Blindness at GULC

"And so, if Ilya Shapiro is deserving of cancellation, then you should go ahead and cancel me too."

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