Judge James Ho, of the U.S. Court of Appeals for the Fifth Circuit, speaking during a panel discussion at the Federalist Society’s 2018 National Lawyers Convention, held at The Mayflower Hotel in Washington, D.C., on Nov. 16, 2018. Photo: Diego M. Radzinschi/ALM
Federal appellate Judge James Ho, a vocal opponent of abortion, recently chastised abortion providers for accusing Louisiana of bad faith and “animus toward abortion” in a long-running battle with the state over a license to provide its services.
Ho compared the plaintiffs’ claims of “animus” to the words of Stephen Douglas when he accused opponents of the 1857 Dred Scott v. Sandford decision of “partisan malice” and of being “enemies of the Constitution.” Dred Scott held that Americans of African descent, free or enslaved, were not citizens and could not sue in federal court.
