James C. Ho, Trump nominated judge Credit: Tom Williams/CQ Roll Call

 

 

Judge James Ho has been a federal judge for only a few months. Until Wednesday, he had never handed down a judicial opinion in his life. But the Trump appointee’s very first opinion, a dissent calling for a sweeping assault on campaign contribution limits, is a doozy.

More than just an ideologically radical opinion, Judge Ho’s dissent from the full United States Court of Appeals for the Fifth Circuit’s decision not to rehear Zimmerman v. City of Austin is a monument to conservative political rhetoric and right-wing historical myths. It’s the sort of commentary one would expect to find in an especially strident political magazine — perhaps one of the publications one of Ho’s current law clerks used to write for. It is emphatically not the sort of writing one expects to find in a judicial opinion.

Newly confirmed judges — or, at least, newly confirmed judges who aren’t named “Neil Gorsuch” — are typically more careful than this. They don’t […]

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