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Judge James Ho of the U.S. Court of Appeals for the Fifth Circuit responded to the Supreme Court charging a district court with “inaction” for not ruling on an emergency injunction in A.A.R.P v. Trump in 42 minutes by arguing they had over 14 hours. Alleged members of Tren de Aragua, a Venezuelan gang the U.S. government has designated as a foreign terrorist organization, sent an injunction in April seeking a temporary restraining order to prevent their deportation or removal from the U.S., according to Ho’s concurring opinion. The district court told petitioners it would give the government a 24-hour...

On Friday afternoon, the Supreme Court remanded A.A.R.P. v. Trump to the Fifth Circuit with very precise instructions. [snip] Last Friday, the Supreme Court vacated the judgment of our court, which had dismissed this appeal for lack of jurisdiction. The Court remanded the case back to us for further proceedings, and directed us to proceed "expeditiously." A.A.R.P. v. Trump, 605 U.S. _, _ (2025). Accordingly, this matter is expedited to the next available randomly designated regular oral argument panel. Judge Ho wrote an seven-page concurrence. He defended his colleague, Judge Wes Hendrix, against an unfair attack from the Supreme Court:...

Fifth U.S. Circuit Court of Appeals Judge James Ho doubled down on his refusal to hire clerks from certain elite law schools, saying the cancel culture he's witnessed on campuses is "antithetical to America." In an interview with the Washington Examiner, Ho said his hiring boycott against Yale University and Stanford University has already made waves and garnered support among students who see discourse on their campuses improving. "The real problem with the academy is not disruption but discrimination," he said. "Rampant discrimination against mainstream views held by millions of Americans but disfavored by the cultural elites who control the...

In the Fifth Circuit, the entire Court has ruled, en banc, that mere civil restraining orders may not infringe rights protected by the Second Amendment. The unconstitutional infringement was placed into law by the infamous Lautenberg Amendment in 1996. Hundreds of thousands of lives have been turned upside down and ruined by this infamous and unjust law. In the opinion published by the Fifth Circuit Court of Appeals, Circuit Judge James C. Ho writes a particularly well-argued and presented concurrence. The concurrence is worth reading. It is quoted below, without the footnotes:James C. Ho, Circuit Judge, concurring:The right to keep...

Priscilla Villarreal's case will be heard again tomorrow at the U.S. Court of Appeals for the 5th Circuit. She has attracted some unlikely supporters.Alliance Defending Freedom (ADF) is most known for its work taking up controversial religious freedom cases. They famously defended Jack Phillips, a baker who was the subject of a high-profile suit after he declined to make a cake for a same-sex wedding. More recently, the organization argued in front of the U.S. Supreme Court in favor of Lorie Smith, a website designer who preemptively challenged a Colorado law so that she would not have to design wedding...

A federal appeals court on Wednesday said the Deferred Action for Childhood Arrivals (DACA) policy violates U.S. immigration law, dealing a blow to an Obama-era program that provides deportation protection and work permits to nearly 600,000 immigrant "Dreamers" who lack legal status. A three-judge panel for the 5th Circuit Court of Appeals concluded the Obama administration did not have the legal authority to create DACA in 2012, affirming a July 2021 ruling from a federal judge in Texas who barred the Biden administration from enrolling new immigrants in the decade-old program. Despite its conclusion, the appeals court did not order...

A dozen federal judges say they are no longer hiring clerks from Yale Law School, citing a slew of scandals that they say have undermined free speech and intellectual diversity. In addition to Fifth Circuit judge James Ho, who announced on Thursday that he would no longer hire law clerks from the nation’s top-ranked law school, 12 federal judges—both circuit and district court jurists—told the Washington Free Beacon they are joining the boycott. "Students should be mindful that they will face diminished opportunities if they go to Yale," said a prominent circuit court judge, whose clerks have gone on to...

A federal appellate judge confirmed that he will no longer consider graduates of Yale Law School for clerkships, citing the school's alleged penchant for "cancellation of views." Judge James C. Ho of the New Orleans-based 5th Circuit Court of Appeal spoke to the Kentucky Chapters Conference of the Federalist Society last week and openly criticized the so-called intolerant practices trumpeted by Yale Law and its graduates. "Yale not only tolerates the cancellation of views — it actively practices it," said Ho, a University of Chicago School of Law graduate who was nominated to his federal judiciary post by then-President Donald...

A federal court denied a petition for rehearing in a case surrounding United Airlines’ vaccine mandate — one judge accusing the company of “coerc[ing] its employees into violating their religious beliefs.” Judges for the United States Court of Appeals for the Fifth Circuit, widely considered the most conservative federal court, voted 13-4 on Thursday to deny a rehearing. The court also denied United Airlines’ request to vacate a panel opinion from February, which held that the mandate inflicted irreparable harm and remanded the case to district court. Trump-appointed Judge James Ho penned a concurring opinion, admonishing the airline for creating...

The nation’s most restrictive abortion law remains in place for now, after a federal appeals court on Thursday sided with the state of Texas. In a brief 2-1 order, the U.S. Court of Appeals for the 5th Circuit refused the Justice Department’s request to reinstate an earlier court ruling that had blocked enforcement of the Texas law, which bars the procedure as early as six weeks into pregnancy and makes no exceptions for rape or incest. The brief order, which is expected to be appealed the Supreme Court, was backed by Judges James C. Ho, a nominee of Donald Trump,...

A federal appeals court reinstated Texas’ controversial "fetal heart beat" abortion ban on Friday night, days after a lower court suspended the Republican-backed law. The 5th U.S. Circuit Court of Appeals issued a temporary stay, effectively pausing U.S. District Judge Robert Pitman’s decision to grant a temporary restraining order against the abortion ban earlier this week. Texas Attorney General Ken Paxton, a Republican, had appealed the lower court’s decision. "Great news tonight, The Fifth Circuit has granted an administrative stay on #SB8. I will fight federal overreach at every turn," Paxton wrote on Twitter after the decision. The appeals court...

Jack Posobiec @JackPosobiec ·33m BREAKING: Federal circuit court reinstates Texas heartbeat abortion ban 8:55PM • Oct 8, 2021

Supreme Court Justice Samuel Alito has rejected a request from a Louisiana pastor who’d sought emergency relief from criminal charges he faces for the apparent crime of holding large church services in contravention of the state’s coronavirus rules. ... As the months passed, Spell wound up accruing three additional charges, making for a total of nine. Now fast-forward to last week, when he filed a motion with Justice Alito requesting an injunction against the charges he faces. ... For reasons that remain unclear, Alito outright rejected the request — meaning it won’t receive a full hearing in the Supreme Court...

The Supreme Court on Monday declined to hear a convicted murderer’s appeal to receive gender reassignment surgery, leaving in place a lower court’s ruling in favor of the Texas prison officials who refused the inmate the procedure. The court rejected the appeal of a Fifth Circuit Court of Appeals ruling by transgender inmate Vanessa Lynn Gibson, formerly known as Scott Gibson, who claimed the prison’s refusal to grant the surgery violates the Constitution’s Eighth Amendment, which bans cruel and unusual punishment. Gibson, 41, who was born male but has lived as a woman since age 15, was convicted and sent...

The Senate confirmed President Trump’s 19th federal judge Thursday, approving James Ho for a seat on the 5th U.S. Circuit Court of Appeals and further bolstering the judicial army conservatives wanted to build. Mr. Ho, confirmed on a 53-43 vote, becomes the first Asian American on that appeals court. Democratic Sens. Claire McCaskill of Missouri, Joe Donnelly of Indiana, and Heidi Heitkamp of North Dakota joined Republicans in voting for Mr. Ho. He’s the third federal appeals court judge the senate confirmed this week, and the 19th judge overall. That’s well ahead of the 14 President Obama had won by...