“This is one of these eternal debates that I have—I’m sure many judges have—with law clerks,” said Judges James Ho of the U.S. Court of Appeals for the Fifth Circuit.
November 09, 2023 at 05:13 PM
4 minute read
Federal appellate judges Thursday discussed ways to approach cases in which U.S. Supreme Court precedent seems to conflict with originalist legal arguments, including by having profound talks with their law clerks about the constitutional duty of jurists.
“This is one of these eternal debates that I have—I’m sure many judges have—with law clerks,” said Judge James Ho of the U.S. Court of Appeals for the Fifth Circuit.
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Judge James Ho, of the U.S. Court of Appeals for the Fifth Circuit. Photo: Diego M. Radzinschi/ALM
