Fifth Circuit Judge James Ho has been making headlines with his increasingly far-right views, generating speculation about his aspirations for a Supreme Court nomination, particularly under a potential future Donald Trump presidency. In recent comments, Ho reiterated a hardline stance on birthright citizenship, a topic he previously addressed in 2006 when he acknowledged that overturning birthright citizenship would require a constitutional amendment. However, current political dynamics within the Republican party seem to have prompted Ho to align more closely with Trump’s immigration policies.
During a recent interview with South Texas College of Law Professor Joshua Blackman, Ho supported Texas Governor Greg Abbott’s declaration of an “invasion” at the state’s border, claiming there’s no compelling legal argument for birthright citizenship for children of “invading aliens.” These remarks are consistent with Ho’s pattern of consistently conservative public comments and judicial writings.
Ho’s actions have led to speculation about his career ambitions, which, according to Bloomberg Law, may be a strategic maneuver to secure a place on a future Supreme Court shortlist. Kenneth Manning, a professor at the University of Massachusetts Dartmouth, pointed out that Ho’s increasingly public conservative stance could be aimed at heightening his profile for such an opportunity.
However, despite these ambitions, some suggest there might be personal reasons Ho could resist such a role. Brad Hubbard, a partner at Gibson Dunn, remarked that Ho enjoys his life in Dallas and may avoid potential conflicts of interest with his wife, Allyson Ho, an appellate lawyer who has appeared before the Supreme Court.
Rumors of imminent Supreme Court retirements, particularly those of Justices Samuel Alito and Clarence Thomas—under whom Ho previously clerked—further fuel such discussions. There is a noted trend of former Supreme Court clerks being considered for judicial appointments, and Ho’s alignment with ultra-conservative perspectives only bolsters his profile in the eyes of some within the conservative political spectrum.
For further details, you can read more about Judge Ho’s recent activities and statements on Above the Law.