Fifth Circuit Judge James Ho announced his resignation from a judicial association following a statement issued by the group defending judges under threat, but not extending similar support to certain conservative figures. This development comes amidst criticism from influential figures like Elon Musk against members of the federal judiciary who ruled against policies enacted under the Trump administration.
Judge Ho, speaking at a Federalist Society event, pointedly criticized the Federal Judges Association’s statement. He noted that it failed to defend figures such as US Supreme Court Justices Clarence Thomas, Samuel Alito, Brett Kavanaugh, along with certain federal judges from Florida and Texas. Ho contended that such selective advocacy politicizes, rather than protects, the judiciary. “You can’t say that you’re in favor of judicial independence only when it comes to decisions that you like,” he stated.
Ho further suggested that the statement might inadvertently compromise the very cause it aims to support by appearing inconsistent in commitment to judicial independence. During the event, Allyson Ho, co-chair of Gibson Dunn’s appellate and constitutional law practice and James Ho’s spouse, echoed similar sentiments. She questioned the consistency of those vocal about threats to the rule of law, urging for uniformity in advocacy regardless of political alignment.
This resignation adds to Judge Ho’s previous actions where he has been an outspoken critic regarding issues such as academic handling of protests and the judiciary’s stance on “judge shopping.” His decision to step away from the association reflects ongoing tensions within legal circles over how and whom to publicly defend amidst politically charged judicial controversies.
For further details, the original article can be accessed on Bloomberg Law.