Fifth Circuit Court Judge James Ho, a 51-year-old Taiwanese-born jurist, has garnered attention as a potential successor to Supreme Court Justice Clarence Thomas.
According to the Washington Examiner, Ho's originalist philosophy and headline-making decisions have positioned him as a leading contender for nomination by President-elect Donald Trump should a Supreme Court vacancy arise during his upcoming term.
Ho's rise to prominence stems from his bold judicial opinions and notable actions, including a boycott of Yale Law School graduates for clerkships. His former role as a clerk for Justice Thomas and current position on the influential Fifth Circuit Court of Appeals has strengthened his standing among conservative legal circles.
Ho's journey began in Taipei, Taiwan, before immigrating to the United States in 1976. He excelled academically, earning honors at Stanford University and the University of Chicago Law School. His legal career includes serving as Texas solicitor general and arguing multiple cases before the Supreme Court.
The judge's alignment with Trump extends to controversial issues like birthright citizenship. Ho has suggested that the 14th Amendment might not guarantee citizenship to children of undocumented immigrants during cases of "invasion," echoing terminology used by Texas Governor Greg Abbott regarding the border crisis.
South Texas College of Law professor Josh Blackman offered this assessment of Ho's influence:
Judge Ho has an uncanny ability to shift and reorient legal discourse. For example, no one was talking about the invasion clause until Ho's opinion. He injected it into the conversation on birthright citizenship as well. I call it the 'Hoverton Window' — he shifts what people are talking about in the legal world, much like Justice Thomas has done throughout his career.
The Fifth Circuit's prominence under the Roberts court has elevated Ho's visibility. Approximately 25% of the Supreme Court's current term cases originate from this appeals court, which covers Texas, Louisiana, and Mississippi.
Ho's boycott of Yale Law School hiring, while praised by conservatives as a defense of First Amendment principles, has drawn criticism from fellow judges. Judges Amul Thapar and Kevin Newsom have expressed concern about the impact on students.
Legal analyst Ian Millhiser has characterized Ho as the "edgelord of the federal judiciary," suggesting his opinions aim to provoke rather than provide measured analysis.
Despite speculation about potential retirements, both Justice Thomas, 76, and Justice Alito, 74, have shown no indication of stepping down. Trump himself has acknowledged that retirement decisions remain "up to them."
Leonard Leo, a key figure in Trump's previous judicial nominations, cautioned against retirement speculation, stating:
Justices Thomas and Alito have given their lives to our country and our Constitution, and should be treated with more dignity and respect than they are getting from some pundits.
Trump's potential to shape the Supreme Court's future remains significant, having already appointed 234 federal judges during his first term, including three Supreme Court justices.
Judge James Ho stands as a prominent figure in conservative legal circles, potentially positioned to become the first Asian American Supreme Court justice. His record as a Fifth Circuit judge and former Thomas clerk has earned him consideration as a possible successor to the conservative icon. While no immediate Supreme Court vacancies exist, Ho's influence continues to grow through his role on the Fifth Circuit, where his opinions and actions shape legal discourse on key constitutional issues.
