Second Amendment Roundup: 5th Circuit En Banc to Rehear Felon Gun Ban Cases Two cases raise Commerce Clause and Second Amendment issues. Reason · Sep 18
Judge James C. Ho's Speech On "Judicial Courage" and Judicial Selection "Nobody actually reads what people have said and written. And that’s why mistakes are made. Because if nobody reads, then it’s not about who would do the job best. It’s about who wants the job most." Reason · Jul 29
A Private Ethics Order From The Fifth Circuit With Dissents To Make It Public (Updated) How could it be that not a single member of the 11th Circuit Judicial Council thought to make Judge Betsy's reprimand public? Reason · May 31
"What Does It Mean To Be A Christian On The Bench?" "A Conversation with Matthew J. Kacsmaryk and James C. Ho" Reason · Mar 31
Did the Texas Tribune Hallucinate About Judge Ho's Dissent? The article misattributed two quotations to Judge Ho. And variants of those quotes appeared in the majority, but there were inexplicable alterations. Reason · Aug 20, 2025
Why a Trump-Appointed Judge Is Torching His Own Court’s Qualified Immunity Logic—and the Government Abuse It Enables Judge James C. Ho recently described a troubling phenomenon on the 5th Circuit and the government abuse it enables. Reason · Jul 15, 2025
On Remand, the 5th Circuit Again Blocks a Lawsuit by a Texas Reporter Arrested for Newsgathering Even if Laredo cops punished Priscilla Villarreal for constitutionally protected speech, the appeals court says, they would be protected by qualified immunity. Reason · Apr 9, 2025
Judge James C. Ho: "Fighters, Climbers, and the War for the Judiciary" Remarks delivered at the Texas A&M Journal of Law & Civil Governance Banquet Reason · Mar 31, 2025
Making Sense of the 7-1-1-8 Split in Environment Texas Citizen Lobby v. ExxonMobile Does a judge have an obligation to render a judgment to ensure that the court renders a judgment? Reason · Dec 12, 2024
A Texas Reporter Was Arrested for Asking Questions. The State Says That's No Big Deal. Opposing Priscilla Villarreal's petition for Supreme Court review, Texas Attorney General Ken Paxton portrays basic journalism as "incitement." Reason · Sep 18, 2024
United States v. Abbott and State War Powers A guest post from Professor Rob Natelson. Reason · Aug 6, 2024
Courts have a scriptural citation issue Some Fifth Circuit judges have trouble keeping separate church and state Salon · May 19, 2024
A Texas Reporter Busted for Asking Questions Asks SCOTUS To Reject the Criminalization of Journalism Priscilla Villarreal is appealing a 5th Circuit decision that dismissed her First Amendment lawsuit against Laredo police and prosecutors. Reason · Apr 26, 2024
Only 'Dangerous Individuals' Lose Their Gun Rights Because of Protective Orders, the Government Says Solicitor General Elizabeth Prelogar falsely claims a federal gun ban "requires individualized findings of dangerousness." Reason · Nov 8, 2023
The Independent UK · Aug 25, 2023 Court won't revive lawsuit that says Mississippi officials fueled lawyer's death during Senate race A federal appeals court will not revive a lawsuit by the family of a Mississippi lawyer who took his own life
Roll Call · Aug 16, 2023 Decision sets up likely Supreme Court showdown on abortion pill - Roll Call The 5th Circuit Court of Appeals ruling left in place the FDA’s initial approval of the drug, but struck changes made to ease access to it.
Reason · Aug 11, 2023 A Louisiana Man Was Jailed for Criticizing Police. A Federal Court Wasn't Having It. The decision supports the notion that victims are entitled to recourse when the state retaliates against people for their words. But that recourse is still not guaranteed.
Roll Call · May 17, 2023 Appeals court weighs FDA approval of abortion drug - Roll Call The oral arguments in the abortion drug case are the latest in what has become the next front in the battle over abortion.
Reason · Apr 18, 2023 Judge James C. Ho's Remarks on Justice Thomas and Judge Kacsmaryk "We should apply the highest ethical standards, not hypocritical double standards."
Reason · Mar 29, 2023 The Ruling Upholding the Gun Rights of People Subject to Restraining Orders Is Not As Crazy As You Might Think The 5th Circuit noted that such orders can be issued without any credible evidence of a threat to others.
Reason · Jan 24, 2023 She Was Jailed for Basic Journalism. A Federal Court Isn't Sure if That's Unconstitutional. Priscilla Villarreal's case will be heard again tomorrow at the U.S. Court of Appeals for the 5th Circuit. She has attracted some unlikely supporters.
The Texas Tribune · Jan 6, 2023 Appeals court to decide if First Amendment should have protected Laredo’s “big crazy lady” from arrest Priscilla Villarreal was arrested over her Facebook postings. In a rare proceeding, the entire 5th U.S. Circuit Court of Appeals will weigh whether she can sue, a case that could have major ramifications for citizen journalists like her -- and professional ones.
Reason · Nov 4, 2022 This Court Case Could Make It a Crime To Be a Journalist in Texas Priscilla Villarreal found herself in a jail cell for publishing two routine stories. A federal court still can't decide what to do about that.
Salon · Sep 30, 2022 Judge boycotts Yale over cancel culture “I don't want to cancel Yale. I want Yale to stop cancelling people like me," said Judge James Ho
Reason · May 13, 2022 He Was Sentenced to Death After Law Enforcement Fabricated Evidence. A Federal Court Says He Can Sue. A conservative judge expressed skepticism at the panel's conclusion before issuing a strong rebuke of prosecutorial immunity.