In recent times, there appears to be a trend among Republican-appointed judges to distinguish themselves with ostensibly unconventional behavior. Former President Donald Trump’s appointee, U.S. Circuit Judge James Ho, demonstrates this trend clearly in his latest court proceedings. This news from Reuters reports his stark deviation from his peers’ views when he was the lone dissenter in the 5th U.S. Circuit Court of Appeals’ 15-1 decision pertaining to the University of North Texas’ immigration policy.
Judge Ho openly criticized the current policy for “treating U.S. citizens less favorably than illegal aliens when it comes to postsecondary education benefits,” asserting that it weakens federal border control. He suggested that the state’s policy indirectly encourages illegal entry into the United States.
While most judges rely on legal statutes, precedents and the Constitution to frame their opinions, Judge Ho chose a more nebulous appeal to direct his argument—supposedly the “national objectives.” This strategy appears more suited to catch attention than to present a sound, law-based perspective.
The core of this case revolves around the discrepancy between the fees charged for in-state versus out-of-state students, raising questions about the fairness of this system. Issues have flared around whether students living in Texas who do not hold American citizenship should be entitled to pay the in-state rate, an issue that is ultimately a matter of policy not law. As such, it may be suggested that Judge Ho should abide by his judicial role rather than wade into policymaking. If he wishes his perspective to matter in policy decisions, his route might be more suitably directed towards a political office rather than the bench.
Transparency and decorum in the judiciary should always be prioritized with a focus on laws and defined roles, rather than swerving into policy decisions or using the bench as a platform for personal beliefs or ambitions. Pertinent information on this ongoing judicial discussion can be found here.