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The Latest Breaking News from James Ho

Trump Cannot Restrict Birthright Citizenship by Presidential Edict

The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.

Reason

These Texans could join or influence a second Trump administration

Donald Trump has built close ties to many Texas Republicans, from judges to elected officials to policy experts.

The Texas Tribune

Alliance for Hippocratic Medicine on Remand—Still Struggling with Standing

No, the U.S. Court of Appeals for the Fifth Circuit's initial standing rulings were not faithful applications of Supreme Court precedent.

Reason

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En Banc Fifth Circuit Rules for Texas in Water Buoy Case, but Doesn't Resolve Issue of Whether Illegal Migration Qualifies as "Invasion"

The invasion argument is still being litigated in another case.

Reason

SCOTUS Dodges a Crucial Problem With Disarming People Based on Restraining Orders

The Court says "a credible threat" justifies a ban on gun possession but does not address situations where there is no such judicial finding.

Reason

Can the Government Say: If You Want to Sell Us These Products, You Must Answer Our Questions About Them?

From today's dissent from denial of rehearing en banc in Book People, Inc. v. Wong, written by Judge James Ho and joined by Jones, Smith, Duncan, and Engelhardt: States have a profound interest in protecting the innocence of children from various adult activities. We don't let children buy alcohol. We…

Reason

Even the US supreme court was baffled by conservatives’ attack on abortion pills

The anti-choice case relies on outlandish legal leaps. And if they can’t win there, they’ll redouble efforts to win the White House

The Guardian - US

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The next Clarence Thomas? Abortion pill case spotlights rightwing judge and his wife’s shadowy connections

Judge James Ho ruled to restrict mifepristone. His wife Allyson is linked to the anti-abortion group that brought the case

The Guardian - US

Supreme Court to hear arguments on Trump-era ‘bump stock’ rule - Roll Call

The Supreme Court will hear arguments Wednesday over whether the federal government can ban devices known as “bump stocks.”

Roll Call

The 5th Circuit Says Criminalizing Journalism Is Not Obviously Unconstitutional

The appeals court dismissed a civil rights lawsuit by a Laredo gadfly who was arrested for asking questions.

Reason

Second Amendment Roundup: Judge Ho 2.0

If the government must “square corners” to protect illegal aliens and convicted criminals, Constitutional protections for Americans deserve consistent application.

Reason

SCOTUS could soon make shootings worse

A case made to appeal to Clarence Thomas and Sam Alito may end mental health and domestic violence gun restrictions

Salon

Trump judge: Women owe us more sonograms

Judge James Ho argues women must be forced into pregnancy so others can "cheer at the sight of an unborn child"

Salon

An appeals court backs some abortion drug limits, pending the Supreme Court’s approval

A federal appeals panel upholds a lower-court ruling banning mail-order delivery of mifepristone and allows its use only through the seventh week of pregnancy. The ruling won’t take effect until the high court weighs in.

Chicago Sun-Times

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The Independent UK

Some abortion drug restrictions are upheld by an appeals court in a case bound for the Supreme Court

New restrictions on access to a drug used in the most common form of abortion would be imposed under a federal appeals court ruling

The Texas Tribune

Part 2: Texas backlash to Obama fueled conservative drive to reinterpret U.S. Constitution

Barraging the Obama administration with lawsuits, the Texas attorney general’s office wasn’t just trying to block policies. It was injecting disruptive, overtly Christian legal philosophies into the mainstream, and grooming a generation of conservative legal warriors.

The Texas Tribune

Part 3: Under Trump, Texas’ foot soldiers became federal judges, securing a conservative stronghold in the courts

A federal judiciary full of ideological allies is helping Texas block Democratic priorities and advance right-wing legal doctrines. But the bigger prize is conservative control of the rule of law itself.

The Independent UK

GOP presidential hopeful Vivek Ramaswamy lists Senators Ted Cruz and Mike Lee as possible Supreme Court picks

A biotech entrepreneur and Republican presidential hopeful says he'd consider Sens. Ted Cruz of Texas and Mike Lee of Utah among several possible conservative candidates should he get to nominate someone to the U.S. Supreme Court

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The Independent UK

GOP presidential hopeful Vivek Ramaswamy lists Senators Cruz, Lee as possible Supreme Court picks

The Guardian - US

Conservative attacks on US abortion and trans healthcare come from the same place

Both are part of a project to roll back the victories of the feminist and gay rights movements and inscribe in law a firm definition and hierarchy of gender

AFP

US judges appear skeptical of preserving access to abortion pill

Washington (AFP) - A US federal appeals court panel appeared skeptical on Wednesday of preserving access to a widely used abortion pill.

WEKU

The abortion pill mifepristone has another day in federal court

While a Supreme Court order continues to ensure the drug is still widely available, the issue returned Wednesday to the Fifth Circuit Court of Appeals as lawyers for both sides urged the court to act.

The Independent UK

Republican-appointed federal judges grill FDA in mifepristone hearing

A legal challenge against a widely used abortion drug could be headed to the Supreme Court

Axios

Federal appeals court seems skeptical of FDA's abortion pill approval

The court is likely to issue a final decision in the coming weeks.

The Independent UK

3 judges who chipped away abortion rights to hear federal abortion pill appeal

Three appeals court judges with a history of supporting restrictions on abortion will hear arguments May 17 on whether a widely used abortion drug should remain available

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