James Ho

James C. Ho

Nonpartisan

United States Court of Appeals for the 5th Circuit

Tenure

2018 - Present

Years in position

6

Education

Bachelor's

Stanford University, 1995

Law

University of Chicago, 1999

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James C. Ho is a judge on the United States Court of Appeals for the 5th Circuit. He was nominated to the court by President Donald Trump (R) on October 16, 2017, and confirmed by the U.S. Senate on December 14, 2017, by a vote of 53-43. To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 5th Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the 5th Circuit Court, click here.

Ho previously worked at a private practice in Dallas, Texas from 2010-2018. Prior to that, he served as the Solicitor general of Texas from 2008-2010.

Ho was included on President Donald Trump’s (R) list of 20 potential U.S. Supreme Court nominees released on September 9, 2020. President Trump (R) nominated Amy Coney Barrett to the seat on September 26, 2020. For more information on the 2020 Supreme Court vacancy created by the death of former Justice Ruth Bader Ginsburg on September 18, 2020, click here.

Judicial nominations and appointments

United States Court of Appeals for the 5th Circuit

See also: Federal judges nominated by Donald Trump

Ho was nominated to the United States Court of Appeals for the 5th Circuit by President Donald Trump (R) on October 16, 2017. The U.S. Senate confirmed Ho on December 14, 2017, by a vote of 53-42. He received commission on January 4, 2018. To read more about the federal nomination process, click here.

Nomination Tracker
Nominee Information
Name: James C. Ho
Court: United States Court of Appeals for the 5th Circuit
Progress
Confirmed 59 days after nomination.
ANominated: October 16, 2017
AABA Rating: Substantial Majority Well Qualified, Minority Qualified
Questionnaire:
AHearing: November 15, 2017
QFRs: (Hover over QFRs to read more)
AReported: December 7, 2017
AConfirmed: December 14, 2017
AVote: 53-43

Confirmation vote

The U.S. Senate confirmed Ho on December 14, 2017, on a vote of 53-43. To see a full breakdown of the vote on the official U.S. Senate website, click here.

James Ho confirmation vote (December 14, 2017)
Party	Yea	Nay	No vote
Democratic	3	41	2
Republican	50	0	2
Independent	0	2	0
Total	53	43	4

Senate Judiciary Committee hearing

Ho had his hearing before the Senate Judiciary Committee on November 15, 2017. The committee voted to advance Ho's nomination to the full Senate on December 7, 2017.

Nomination

Ho was nominated to replace Judge Carolyn King, who assumed senior status on December 31, 2013.

The American Bar Association rated Ho Substantial Majority Well Qualified, Minority Qualified for the nomination. To read more about ABA ratings, click here.

Early life and education

A native of Taiwan, Ho earned his bachelor's degree with honors from Stanford University in 1995. He earned his J.D. with high honors from the University of Chicago in 1999.

Professional career

• 2018 - Present: Judge, United States Court of Appeals for the 5th Circuit
• 2010-2018: Private practice, Dallas, Texas
• 2008-2010: Solicitor general, Texas
• 2006-2008: Private practice, Dallas, Texas
• 2005-2006: Law clerk, Hon. Clarence Thomas, Supreme Court of the United States
• 2003-2005: Chief counsel, U.S. Sen. John Cornyn (R-Texas), Senate Judiciary Committee
• 2001-2003: Attorney, Office of Legal Counsel, U.S. Department of Justice
• 2000-2001: Private practice
• 1999-2000: Law clerk, Hon. Jerry E. Smith, United States Court of Appeals for the 5th Circuit

Noteworthy cases

Federal courts grapple with DACA (2022)

See also: Deferred Action for Childhood Arrivals rule (2022)

A three-judge panel of the United States Court of Appeals for the Fifth Circuit on October 5, 2022, upheld a district court decision that found the Deferred Action for Childhood Arrivals (DACA) program, which allows certain individuals brought to the United States without legal permission as minors to continue living and working in the country, to be unlawful. The judges remanded the case to the district court for further review in light of the Biden administration’s recent effort to codify DACA through the rulemaking process.

A coalition of states in 2018 filed suit in Texas v. United States, arguing in part that the Obama administration unlawfully created DACA through a memo, rather than a rule. Judge Andrew Hanen of the United States District Court for the Southern District of Texas in July 2021 ruled in favor of the states and instituted a pause on new DACA applicants.

Fifth Circuit Judges Priscilla Richman, James C. Ho, and Kurt Engelhardt upheld the district court ruling but directed the court to reevaluate its holding in light of the Biden administration’s recent effort to codify DACA through the administrative rulemaking process, arguing that the “district court is in the best position to review the administrative record in the rulemaking proceeding.” The final rule, effective October 31, aims to “preserve and fortify” the program, according to U.S. Department of Homeland Security (DHS) Secretary Alejandro Mayorkas.

Noteworthy events

Federal judges sign letter regarding hiring Columbia University students (2024)

On May 6, 2024, Ho and 12 other federal judges signed a letter to Columbia University saying they would not hire undergraduates or law students from the university, beginning with the entering class of 2024.

In the letter, the judges said, "As judges who hire law clerks every year to serve in the federal judiciary, we have lost confidence in Columbia as an institution of higher education."

They signed the letter in the context of student demonstrations at Columbia University over the Israel-Hamas War. The students who participated in the demonstrations demanded that the university divest all of its finances from "companies and institutions that profit from Israeli apartheid, genocide and occupation in Palestine."

The judges said they believed the university should institute consequences for faculty and students who participated in the demonstrations. They also called on the university to practice "neutrality and nondiscrimination in the protection of freedom of speech" and "viewpoint diversity on the faculty and across the administration."

The Washington Post reported that Dean of Columbia Law School Gillian Lester said in a statement that graduates are "consistently sought out by leading employers in the private and public sectors, including the judiciary." Lester did not directly address the letter.

About the court

Fifth Circuit
Court of Appeals
Judgeships
Posts: 17
Judges: 17
Vacancies: 0
Judges
Chief: Jennifer Elrod
Active judges: Dana Douglas, Stuart Kyle Duncan, Jennifer Elrod, Kurt Engelhardt, James Graves, Catharina Haynes, Stephen Higginson, James C. Ho, Edith Jones, Andrew Oldham, Irma Ramirez, Priscilla Richman, Jerry Smith, Leslie Southwick, Carl Stewart, Don Willett, Cory Wilson Senior judges: Rhesa Barksdale, Fortunato Benavides, Edith Clement, W. Eugene Davis, James Dennis, John Duhe, Patrick Higginbotham, E. Grady Jolly, Carolyn King, Jacques Wiener

The United States Court of Appeals for the Fifth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States. Appeals are heard in the John Minor Wisdom U.S. Courthouse in New Orleans, Louisiana.

Map of the Fifth Circuit. Click on a district to find out more about it.

The Fifth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Fifth Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Samuel Alito is the circuit justice for the Fifth Circuit.

The United States Court of Appeals for the 5th Circuit has appellate jurisdiction over the district courts in the following districts:

• Eastern District of Louisiana
• Middle District of Louisiana
• Western District of Louisiana
• Northern District of Mississippi
• Southern District of Mississippi
• Eastern District of Texas
• Northern District of Texas
• Southern District of Texas
• Western District of Texas

To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

• The president nominates an individual for a judicial seat.
• The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
• The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.

• As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.

• After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.

• If approved, the nominee is voted on by the full Senate.
• If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.

• The Senate holds a vote on the candidate.

• If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
• If the Senate does not confirm the nomination, that nominee does not become a judge.

See also

• United States Court of Appeals for the 5th Circuit

External links

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• James C. Ho FJC biography