This Trump-appointed 'Federalist Society darling' is pushing for a Supreme Court seat

15 September 2023

During the 1990s, critics of Justice Clarence Thomas and the late Justice Antonin Scalia often described them as the U.S. Supreme Court's far-right fringe. But in 2023, the High Court is way to the right of where it was 30 years ago. And two-thirds of the Court consists of GOP-appointed justices.

Nonetheless, members of the Federalist Society would like to see the High Court move even more to the right.

In a scathing article published by The Nation on September 15, progressive legal expert Elie Mystal warns that if Republicans have control of the White House in 2025, a "Federalist Society darling" and Donald Trump nominee who has a good chance of being nominated for the Court is Judge James Ho.

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"Whether he's defending Thomas' unethical behavior, or writing a 600-word rant bemoaning judges who don't use the word 'alien' when referring to immigrants, Ho always seems ready with a speech or an opinion that infuriates non-Republicans," Mystal observes. "It's a key part of his strategy, and it's worked for others. The last two Republican justices — alleged attempted rapist Brett Kavanaugh and Amy Coney Barrett — were nominated in part because their behavior, associations, or personal histories rightly outraged liberals, and then, they complained about being treated unfairly by the people who organized to stop them from reaching the highest court."

Mystal warns that if a Republican presidential candidate wins in 2024, Ho is exactly the type of judge who is likely to end up on the High Court.

"My only solution is this: Joe Biden must win the 2024 election," Mystal writes. "If he doesn't, James Ho — or one of the handful of Republican justices running to out-evil him — will be coming for our rights. That's all the motivation I need to get out and vote."

Read Elie Mystal's full article for The Nation at this link.

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