5th Circuit Judge Resigns from Federal Judges Association over Perceived Bias
March 11, 2025, 3:32 pm CDT
Judge James C. Ho, 5th U.S. Circuit Court of Appeals, announced his resignation from the Federal Judges Association on March 9, 2025.
In a noteworthy move, Judge James C. Ho of the 5th U.S. Circuit Court of Appeals has stepped down from the Federal Judges Association (FJA). His resignation, made public during a Federalist Society event, was prompted by what he perceives as a double standard in the FJA’s response to threats against the judiciary.
Ho’s dissatisfaction stems from a statement issued by the FJA on March 5, which condemned threats against judges and emphasized the necessity for judicial independence. The statement highlighted a need for judges to perform their duties without the fear of violence or intimidation, expressing appreciation for Chief Justice John Roberts and others who have voiced concern over increasing threats directed toward the judiciary.
However, Judge Ho criticized the FJA for its apparent silence regarding threats and criticisms aimed specifically at conservative justices, including Justices Brett Kavanaugh, Clarence Thomas, and Samuel Alito. He asked rhetorically, “Did we see these statements in 2024 or 2023 or 2022? From what I can tell, no.” According to Ho, the association’s selective acknowledgment of threats undermines its commitment to judicial independence, emphasizing that “You can’t say that you’re in favor of judicial independence only when it comes to decisions that you like.”
He cited alarming events, such as the 2022 arrest of an armed individual near Justice Kavanaugh’s home, to illustrate the rising danger faced by justices, particularly those perceived as conservative.
Ho is a Trump-era appointee and has previously refused to employ clerks from law schools that he believes have stifled conservative viewpoints or mishandled student protests. His recent actions underscore his commitment to what he considers impartiality and fairness in the judicial system.
