James C. Ho, '99: “The unfortunate trend in modern constitutional law is not only to create rights that appear nowhere in the Constitution, but also to disfavor rights expressly enumerated by our Founders.”
Trump-Appointed Judge Delivers Fantastic Campaign Finance Opinion in First Ruling
This is the first line of the first judicial opinion written by Judge James C. Ho of the United States Court of Appeals for the 5th Circuit.
Typically, new federal judges ease into the position, writing an opinion or two in less controversial cases, perhaps joining a colleague’s dissent in a difficult but not highly charged case. Not Ho.
His first opinion, released in April, was a dissent in a case asking whether an Austin, Texas, $350 limit on political contributions was constitutional. A judge is not required to write an opinion in such a case, and many would not, at least not as their first opinion from the bench.
Ho, however, wrote a barnburner. He began with a detailed analysis as to why Austin’s $350 limit on campaign contributions should be struck down as unconstitutionally low under Supreme Court precedent. Straightforward enough. Ho went further, questioning the right of government to limit political participation at all. “As citizens,” he wrote, “we enjoy the fundamental right to express our opinions on who does or does not belong in elected office.”
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