Judge James Ho, a Fifth Circuit judge and former chief counsel for Senator Cornyn, delves into pressing legal issues. He discusses the impact of cancel culture on legal education and the importance of diverse viewpoints. The conversation touches on originalism, court legitimacy, and the complexities of judicial decision-making. Ho also addresses the significance of state solicitor generals, the evolving role of judges in high-profile cases, and the tension between religious freedoms and cancel culture, shedding light on judicial ethics in today’s society.
Judge Ho emphasizes the need for resilience in free speech, arguing that cancel culture threatens open dialogue essential for democracy.
He outlines his decision to boycott hiring Yale Law clerks as a response to intolerance, advocating for constructive dialogue over exclusion.
The discussion underscores the importance of judicial independence, highlighting judges' responsibility to make decisions based solely on law and precedent.
Deep dives
Yeti Store Product Highlights
The episode features various products from the Yeti store, emphasizing the versatility and quality of their offerings. Highlights include the Yeti French Press, which maintains the temperature of coffee for extended periods, and new cast-iron skillets designed for durability and tradition, suitable for cooking dishes like cornbread and pot pie. Additionally, there are waterproof bags mentioned, which are perfect for outdoor activities, showcasing Yeti's focus on practicality and reliability. Overall, the promotion highlights Yeti's commitment to providing functional and high-quality gifts for various occasions.
Judge Ho's Background and Career Journey
Judge Ho discusses his impressive educational background, including degrees from Stanford University and the University of Chicago, and his roles as chief counsel for Senator Cornyn and Texas Solicitor General. The conversation reflects on the journey that led him to his position as a Fifth Circuit judge, touching on his experiences and the mentorship he found along the way. His early connections and reputation in legal circles set the stage for his career, drawing admiration from peers for his intellect and capabilities. This shared history highlights how personal and professional growth interconnects within the legal profession.
The Impact of Cancel Culture
Judge Ho expresses concerns about the rise of cancel culture and its implications for free speech and open dialogue in society. He argues that individuals should be encouraged to voice their opinions without fear of censorship, emphasizing the need for resilience in expressing viewpoints. The discussion includes strategies citizens can employ to combat cancel culture, such as speaking out and boycotting companies that engage in censorship. According to Ho, maintaining a culture of courage and robust debate is vital for the health of democracy and the judiciary.
The Boycott of Law Schools
Judge Ho elaborates on his decision to no longer hire law clerks from Yale Law School in response to perceived issues of intolerance and cancel culture within elite institutions. He discusses the growing movement among judges who have joined this boycott while acknowledging differing perspectives on the efficacy and implications of such actions. Ho argues for a more nuanced approach that encourages open dialogue between judges and law schools to foster change rather than solely penalizing students. The conversation reflects broader conflicts on how to address systemic issues while promoting inclusivity in legal education.
The Balance of Judicial Legitimacy
The discussion covers the delicate balance judges must maintain to uphold their legitimacy while navigating political pressures and public scrutiny. Judge Ho emphasizes the importance of making decisions based solely on law and precedent, irrespective of outside influences or individual popularity. He draws a parallel to historical discussions about the judiciary's role in democracy, suggesting that judicial independence is crucial for protecting legal processes from public opinion. Ultimately, he advocates for reinforcing judicial ethics while avoiding double standards that may undermine the court's integrity.
Sarah sat down with Judge James C. Ho at The Dispatch Summit on November 12 for an in-depth conversation about key legal issues, including the legitimacy of the courts, judicial ethics, and the principles of birthright citizenship.
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here.
