Judge James Ho Big Mad Over Statement On Judicial Safety

Don’t worry, like many of Fifth Circuit Judge Jame Ho’s moves, this one is more style over substance. The jurist, who seems almost desperate to prove he’s Donald Trump’s most conservative lil’ judge, has quit the Federal Judges Association (FJA) in a fit of pique.

As has been documented, the federal judiciary is under attack, the scope of which has never been seen before. Articles of impeachment have been introduced against judges appointed by both Republicans and Democrats to the bench. Mind you, not because of any ethical scandal, but because they issued decisions against the interests of Trump. The social media attacks against judges have reached a fevered pitch, so much so that the U.S. Marshal Service is issuing warnings and ramping up protection for the most targeted judges.

In that face of these threats, the FJA issued a statement, which is pretty straightforward.

The security of federal judges and all those serving in the judicial branch of our government is fundamental to their ability to uphold the rule of law, and to fulfill their constitutional duty without fear or undue influence. Any erosion in the independence of the judiciary is a threat to our Constitution and to democratic rule of law. Ensuring judicial security is not just about protecting individuals, it is about preserving the integrity of our legal system and the public’s trust in an impartial judiciary.

Judges must be permitted to do their jobs without fear of violence or intimidation of any kind.

This should be wildly uncontroversial. But while some see an expression of human decency, others see a chance to exploit it for personal gain. Over the weekend, at the Federalist Society’s National Student Symposium, Ho lashed out at the FJA for speaking out against the unprecedented attacks on the judiciary because they didn’t make similar statements when conservative judges were criticized (like Justices Thomas and Alito). As reported by Bloomberg Law:

“You can’t say that you’re in favor of judicial independence only when it comes to decisions that you like,” the conservative jurist said at the Federalist Society’s National Student Symposium. “That’s not protecting the judiciary, that’s politicizing the judiciary.”

Ho, a Donald Trump appointee, said he thinks statements like the one sent by FJA might “harm the very cause that they’re trying to further.”

Ho said the group may be saying they either aren’t actually seriously committed to judicial independence, or they do care “but there are just some people who have views that are so anathema to you that don’t think they are worthy of this principle.”

“What you may think is a statement born of righteousness, I think, is perceived by a lot of people as merely sanctimonious,” Ho said.

There’s a world of difference between criticizing judicial decisions and stoking violent flames. The fact that Ho can’t — or won’t — see that speaks volumes about his judgment. But he isn’t the first jurist to falsely equate routine criticism (which is actually good for democracy) with violence (which is not) — that’s what the Chief Justice did in his wildly disingenuous annual report.

Now we’re on precipice of actual violence — that’s what judges think and that what the U.S. Marshals think. And in response, the White House is amping up the rhetoric. Of course the FJA made an entirely benign statement in support of judges! There’s an existential threat to the role of the judiciary in American government led by bullies. But Ho takes the moment to insist that Clarence Thomas should be immune from criticism when he hears cases on matters his wife is directly involved in, or when Samuel Alito favorably cites someone who sent women to their deaths for the crime of being witches. Ho wants to be very clear to whoever is paying attention that he is nothing if not a dedicated culture warrior.

Ho’s view on the judiciary is deeply cynical but not at all surprising.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.

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