Ilya Shapiro on Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court
First Floor Conference Room2040 Main Street
Irvine, CA 92614
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Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Chief Deputy Attorney General
Ryan Newman is currently Chief Deputy Attorney General for Florida Office of the Attorney General.
During the first Trump Administration, he served as Counselor to the United States Attorney General for national security and international affairs, Deputy General Counsel (Legal Counsel) for the Department of Defense, and Acting Assistant Attorney General for the Office of Legal Policy at the Department of Justice. Prior to serving in the Executive Branch, Ryan was Chief Counsel to United States Senator Ted Cruz during the 114th Congress.
Ryan served as a law clerk to the Honorable Samuel A. Alito, Jr. on the United States Supreme Court, the Honorable Richard J. Leon on the United States District Court for the District of Columbia, and the Honorable J.L. Edmondson on the United States Court of Appeals for the Eleventh Circuit.
Prior to law school, Ryan was an armor officer in the United States Army assigned to the 1st Squadron, 10th U.S. Cavalry Regiment (Buffalo Soldiers). He deployed to Iraq in 2003 for Operation Iraqi Freedom.
Ryan graduated from the United States Military Academy at West Point in 1998. He earned his law degree with high honors from The University of Texas School of Law in 2007.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Vice President of Litigation, Southeastern Legal Foundation
Braden H. Boucek serves as Director of Litigation at the Southeastern Legal Foundation (SLF). His cases at SLF focus on restoring constitutional balance, equal protection, the First Amendment, and property rights. He is an avid defender of America's Founding and a constitutional law professor. He has also actively litigated school choice cases.
Prior to joining SLF, he served as Vice President of Legal Affairs at the Beacon Center of Tennessee, where he worked on economic liberty, dedicated himself to Tennessee's unique constitutional rights, and protecting the free speech rights of professionals.
Braden has been a litigator since 2001. Previously, Braden was an Assistant U.S. Attorney in both Nashville and Memphis for over nine years. During that time, he handled hundreds of cases ranging from Organized Crime, Drug Trafficking, Fraud, Counterfeiting, Terrorism and Immigration offenses. Braden has been recognized by his office for performance, winning both the Special Achievement award and Distinguished Service award. Two of his investigations were recognized as the district’s “Case of the Year” by the Department of Justice’s Organized Crime and Drug Enforcement Task Force. For nearly five years before joining the Department of Justice, Braden served as a prosecutor for the State of Tennessee, first as an Assistant Attorney General and later as an Assistant District Attorney. He has been lead counsel in many jury trials at both the state and federal level. He has also argued dozens of cases before state and federal appellate courts, including the Tennessee Supreme Court and Sixth Circuit Court of Appeals. Braden also served as an extern for the Florida Supreme Court. He obtained his J.D. at Florida State University College of Law, and his B.A. at the University of Richmond.
Professor of Law, University of Alabama School of Law
Professor Rosen received his LLM with honors from the University of London, London School of Economics, in 1997, his JD from Yale Law School in 1994, and his BS from Cornell University, School of Industrial and Labor Relations, in 1991 as a Merill Presidential Scholar. He served as a Senior Editor of the Yale Law Journal and an Editor of the Yale Journal of International Law. Upon graduation from Yale, he clerked for the Honorable Edward E. Carnes of the U.S. Court of Appeals for the Eleventh Circuit in Montgomery, Alabama. From 1995 to 1996, he was an associate with the Washington, D.C. firm of Fried, Frank, Harris, Shriver & Jacobson. From 1998 to 2002, he worked in Washington, D.C. for the U.S. Securities and Exchange Commission's Division of Market Regulation, where he achieved the rank of Special Counsel. During his time at the Commission, he provided counsel on matters before the President's Working Group on Financial Markets, aided the restoration of financial markets following the terrorist attacks of September 11, 2001, assisted with legislative drafting, and worked on matters including foreign market access, financial derivatives, market structure, and the regulation of exchanges and over-the-counter markets. While at the SEC, Professor Rosen received the Commission's Law and Policy Award and the Manuel F. Cohen Award from the Securities Law Committee of the Federal Bar Association. Before arriving at the University of Alabama, he served as the first Fellow for the Fordham University School of Law's Center for Corporate, Securities and Financial Law in New York City. He has spoken both in the United States and abroad at events sponsored by such organizations as the Association of American Law Schools, the American Society of International Law, the Law and Society Association, the Southeastern Association of Law Schools, Futures Industry Association, the Small Business Committee of the American Bar Association's Section on Business Law, the Washington Campus, National Regulatory Services, and the United Kingdom's City and Financial Conferences.
Professor Rosen has taught multiple courses at the law school including business organizations, securities regulation, international business transactions, economy in crisis (public policy-making role-playing simulation course), integrated financial regulation (banking, commodities, securities, and insurance law), and conflict of laws. He also holds a courtesy appointment in the Department of Economics, Finance, and Legal Studies at The University of Alabama’s Culverhouse College of Commerce and Business Administration and has been appointed to The University of Alabama Graduate School faculty in connection with his work on PhD dissertation committees. His focus on inter-disciplinary matters also has led to his membership in organizations such as the American Economic Association, American Finance Association, and American Law and Economics Association. He has advised The Journal of the Legal Profession and was awarded the Edward M. Friend Jr. Award in the year he coached the law school's team to its first appearance in the national final rounds as a super-regional champion in the American Bar Association's National Appellate Advocacy Competition. He has served as Director of the law school's successful judicial clerkship program, and the law school's students selected him for the 2007-2008 Outstanding Faculty Member Award.
Since joining the legal academy, Professor Rosen continues his public policy work and has advised federal and state government officials. His expertise is sought in various contexts. For example, he has testified before the Committee on Financial Services of the United States House of Representatives. Professor Rosen also currently serves as a Uniform Law Commissioner. He was appointed to represent Alabama on the Uniform Law Commission by the Governor for a term of service that runs to April 4, 2023.
Professor Rosen also continues to be involved in legal matters around the globe. He has advised on business law curricula in Ethiopia and has been selected to teach courses at Australia National University in Canberra, Pusan National University in Korea, and the University of Fribourg in Switzerland. He has served as Director of the law school's exchange program with the University of Fribourg. In addition, he has served as a Corresponding Editor for the American Society of International Law's International Legal Materials and as Co-Chair of ASIL’s Teaching International Law Interest Group. His work for the American Bar Association has included service to the Section of International Law and Practice. His interest in development issues also has led to his participation in the World Bank's Law, Justice, and Development Week program and the International Finance Corporation's Doing Business Project. Moreover, he has served as a member of the Board of Directors of the American Society of Comparative Law and has been selected to be the United States Reporter on Company Law and the Law of Succession for the Congress of the Academy of International Comparative Law in Vienna, Austria.
Syndicated Columnist
New York political commentor Deroy Murdock is a Fox News Contributor, a Contributing Editor with National Review Online, an emeritus Media Fellow with the Hoover Institution on War, Revolution and Peace at Stanford University; and a Senior Fellow with the Atlas Network, which supports and connects some 500 free-market think tanks in the USA and some 95 countries world-wide. Mr. Murdock’s weekly column — “This Opinion Just In…” — appears in the New York Post, the Washington Times, the New Hampshire Union-Leader, and other newspapers across America. He has appeared on radio shows across America and presents commentaries on Fox News Radio’s podcast, The Rundown. He is a veteran of the 1980 and 1984 Reagan for President campaigns and Steve Forbes’ 2000 White House bid.
As a popular public speaker, he has lectured or debated at the Cato Institute, the Council on Foreign Relations; Harvard Medical School, the Heritage Foundation; the National Academy of Sciences; Dartmouth, Stanford, and Tulane universities; and various fora, from Bogotá to Buenos Aires to Budapest. He is a native of Los Angeles, a graduate of Georgetown University, and a resident of Manhattan, where he earned an MBA from New York University. His program included a semester of study at the Chinese University of Hong Kong.
Deroy Murdock hopes that someday the free society will bring him — and every American — more leisure time to experience fine dining, motion pictures, skiing, live music, and the priceless joys of family, friends, and loved ones.
Associate, Latham & Watkins
Jonathan Ellis is an associate in the Supreme Court & Appellate Practice in the Washington, D.C. office of Latham & Watkins. His practice focuses on appellate litigation, as well as strategic analysis and briefing in high-stakes district court litigation. Mr. Ellis’ experience includes drafting appellate briefs, dispositive motions, and other pleadings in federal and state courts and administrative agencies, as well as presenting argument in federal court.
Prior to joining Latham, Mr. Ellis served as a law clerk to Chief Justice John G. Roberts, Jr. of the United States Supreme Court and Judge A. Raymond Randolph of the United States Court of Appeals for the D.C. Circuit. He also served as a Bristow Fellow in the Office of the Solicitor General of the United States, where he worked on numerous Supreme Court cases and successfully briefed and argued an appeal in the United States Court of Appeals for the Ninth Circuit.
Counsel, King & Spalding
Bradley J. Lingo is a counsel in King & Spalding’s Charlotte office. He practices in the firm’s National Business Litigation Group.
Mr. Lingo has considerable experience guiding clients to successful resolutions of complex civil litigation matters. His work has encompassed a broad array of trial and appellate matters, but in recent years, much of it has focused on defending accounting firms against claims of malpractice and securities fraud. He has played a significant role in matters for three of the Big Four accounting firms. He also has experience representing clients facing regulatory investigations, including investigations by the Securities and Exchange Commission and the Department of Justice.
Mr. Lingo has maintained an active pro bono practice focusing on religious-liberties issues. Accounts of pro bono work spearheaded by Mr. Lingo have appeared on the front pages of the New York Times, Washington Post, and Wall Street Journal.
Prior to joining King & Spalding, Mr. Lingo practiced in the Washington, D.C., office of Gibson Dunn and served as a law clerk to the Hon. Morris Sheppard Arnold of the United States Court of Appeals for the Eighth Circuit. He received his law degree, cum laude, from Harvard Law School, where he was an executive editor of the Harvard Journal of Law and Public Policy. He graduated first in his class and summa cum laude from Grove City College. While there, he was elected student body vice-president and awarded the Calderwood Scholarship, which goes to the two rising seniors demonstrating outstanding scholarship, leadership, and service.
Mr. Lingo currently serves as Chairman of the Federalist Society's Charlotte Chapter. Super Lawyers named him one of North Carolina’s “Rising Stars” for 2014. He is admitted to practice in North Carolina and the District of Columbia.
Trial Attorney, Civil Rights Division, United States Department of Justice (incoming)
Adam Griffin is a graduate of the University of North Carolina School of Law. During law school, he served as a research assistant to Professor Stephen E. Sachs and UNC Law Dean Martin Brinkley. After law school, he spent two years litigating for liberty at the Institute for Justice as an inaugural Law and Liberty Fellow. He served as a law clerk to Chief Judge Richard E. Myers in the United States District Court for the Eastern District of North Carolina, and is now a separation-of-powers attorney at Pacific Legal Foundation.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Attorney, Institute for Justice
Josh Windham is an attorney at the Institute for Justice.
Originally from Charlotte, Josh joined the Institute’s headquarters office in 2016. He received his law degree in 2016 from the University of North Carolina School of Law, where he served as president of the Federalist Society and as judicial extern to the Honorable Robert Numbers in the Eastern District of North Carolina. Josh graduated summa cum laude from North Carolina State University in 2013 with a Bachelor of Arts in History. He is an avid sports fan and dessert lover.
Josh is licensed in North Carolina.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
President and General Counsel, Hamilton Lincoln Law Institute
Anna St. John is an attorney with the Hamilton Lincoln Law Institute. She began working with the Center for Class Action Fairness, which has since moved to HLLI, in March 2015. She has argued appeals before the Second, Seventh, Ninth, and D.C. Circuits and state courts in New York and California, and presented argument to over a dozen federal and state trial courts. Her work has led to the return of over $100 million in settlement funds to class members.
Previously, she clerked for the Honorable Rhesa H. Barksdale on the Fifth Circuit Court of Appeals and was an attorney with Covington & Burling LLP.
St. John is a graduate of Columbia Law School, where she was named a James Kent Scholar. She is a member of the state bars of New York and Louisiana and the District of Columbia Bar. She has spoken on topics of class action fairness, government overreach and regulatory abuses, the First Amendment, and the U.S. Supreme Court.
She resides in New Orleans, Louisiana.
Partner and Co-Chair, Constitutional and Appellate Law Practice Group, Gibson, Dunn & Crutcher LLP
Allyson N. Ho is a partner in the Dallas office of Gibson, Dunn & Crutcher LLP and co‐chair of the Firm’s nationwide Appellate and Constitutional Law practice group.
Mrs. Ho is “undoubtedly one of the premier appellate lawyers in the United States” (Chambers). She has presented over 100 oral arguments in federal and state courts nationwide, including multiple high‐stakes cases on behalf of business before the U.S. Supreme Court.
Her most significant winning arguments include a U.S. Supreme Court reversal worth billions of dollars for unionized employers in the Sixth Circuit; a U.S. Supreme Court reversal limiting the power of federal regulators; a multi‐billion dollar environmental win in the Fifth Circuit; a multi‐billion dollar commercial victory for the founder of a technology company in the Appellate Division of the New York Supreme Court; a billion dollar environmental win in the Houston Court of Appeals; a nine‐figure commercial victory in the Corpus Christi Court of Appeals; and a nine‐figure arbitration win in the Fifth Circuit.
Among her numerous accolades, Mrs. Ho is one of only a small group of appellate lawyers nationwide, and the only one in Texas, to be nationally ranked by Chambers every year for the past ten years (2012‐21). She is also one of the few appellate lawyers nationwide to be named to the BTI Client Service All‐Stars List, an honor bestowed by the corporate counsel community for lawyers “who stand above all the others in delivering the absolute best in client service.” She is also routinely named as a leading appellate lawyer by Benchmark, The Best Lawyers in America®, The Legal 500, Texas Super Lawyers, and D Magazine.
Mrs. Ho has received the Gregory S. Coleman Outstanding Appellate Lawyer Award (Texas Bar Foundation, June 22, 2018), been named a “Distinguished Leader” (Texas Lawyer, Sep. 1, 2017) and “Appellate MVP” (Law360, Nov. 23, 2015), and been recognized on the “Appellate Hot List” (National Law Journal, Nov. 16, 2015). In addition, she has been profiled in “Texas Powerhouse” (Law360, Aug. 2, 2021), “Texas Appellate Power Couple” (Texas Lawbook, January 7, 2021), “Litigators of the Week” (The American Lawyer, May 8, 2020), “Litigation Powerhouse” (Law360, Aug. 10, 2016), “Supreme Court Insider” (National Law Journal, July 21, 2016), “Supreme Court Specialists, Mostly Male, Dominated Arguments This Term” (National Law Journal, May 11, 2016), “Attorney of the Year Finalist” (Texas Lawyer, Nov. 2, 2015), “Litigation Department of the Year” (Texas Lawyer, June 1, 2015), “Employment Group of the Year” (Law360, Jan. 13, 2015), “A Supreme Month: Lawyer Credits Preparedness in Ability to Argue Two U.S. High Court Cases in Three Weeks” (Texas Lawyer, Dec. 8, 2014), “High Court Debuts for Two Lawyers” (National Law Journal, Nov. 3, 2014), “Women in Business Awards” (Dallas Business Journal, Aug 29, 2014), “Litigation Departments of the Year” (Texas Lawyer, June 2, 2014), “Winning Women” (Texas Lawyer, Aug. 22, 2011), and “High court practitioners: increasingly diverse” (National Law Journal, June 6, 2011).
Federal and State Appellate Practice
Mrs. Ho has argued a series of high stakes, landmark cases on behalf of the business community before the U.S. Supreme Court. National Law Journal called her a “Veteran SCOTUS Advocate” in the “upper echelons of Supreme Court practice.” Law360 named her a “Supreme Court Star” and “one of the nation’s preeminent appellate lawyers.” And EmpiricalSCOTUS.com ranked her among “the most successful attorneys that currently practice before the Court.” Mrs. Ho once argued two significant business cases before the Court within the span of 21 days—including a “significant ruling for employers” that “paved a new path for companies paying millions of dollars in retiree health care benefits” (Law360), as well as a landmark administrative law dispute in which “several justices agreed with Ho’s contention that SCOTUS should revisit and overrule its own precedent” (Law360). She also prevailed against the EEOC in a case that the employment defense bar called “good news for employers across the country.” And in “the most important patent case in modern history” according to patent law experts, her argument before the Court was credited for “pick[ing] up two votes that pundits thought unreachable.”
She has appeared before every federal court of appeals in the country, including en banc arguments before the Fourth and Sixth Circuits. She has successfully represented business clients in every circuit, including the First (Pruco Life Insurance Company), Second (Swiss Federation; Rite Aid), Third (Johnson & Johnson), Fourth (Genex Services), Fifth (United Space Alliance LLC; Elliott Co.; MERSCORP; 24 Hour Fitness USA, Inc.; Stream Energy; Health Management Systems), Sixth (Deutsche Bank; American Airlines; M&G Polymers), Seventh (Expedia), Eighth (Cotter), Ninth (Boeing; JP Morgan Chase Bank), Tenth (Mitchell International), Eleventh (AstraZeneca), D.C. (FedEx), and Federal (Repros Therapeutics) Circuits.
In addition, Mrs. Ho regularly appears in state appellate courts across the country. She has argued numerous cases in the Texas Supreme Court, Texas appellate courts in Dallas, Houston, San Antonio, Corpus Christi, and Eastland, and state appellate courts in Arizona, Michigan, New York, Ohio, Oklahoma, and West Virginia, prevailing on behalf of Ford Motor Company, PepsiCo, International Paper, Tenet, GameStop, Deutsche Bank, and Unit.
Government and Public Service Experience
Mrs. Ho has a distinguished record of experience at the highest levels of the federal government. She served as Special Assistant to President George W. Bush, Counselor to Attorney General John Ashcroft, and law clerk to Justice Sandra Day O’Connor of the U.S. Supreme Court and Judge Jacques L. Wiener Jr. of the U.S. Court of Appeals for the Fifth Circuit.
Her record of public service also includes appointments to various boards and commissions. Among the most notable are her election as a member of the Administrative Conference of the United States, a trustee of the United States Supreme Court Historical Society, and a trustee of the Texas Supreme Court Historical Society. She is also vice chair of the Federal Judicial Evaluation Committee, appointed by U.S. Senators John Cornyn and Ted Cruz to evaluate potential appointments of all federal judges and U.S. Attorneys in Texas, and has previously served on the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas.
Other Background Information
An active pro bono litigator, Mrs. Ho works most frequently with the First Liberty Institute and as amicus counsel for the State and Local Legal Center, the National Organization for Victim Assistance, and the National Crime Victim Law Institute. She is a frequent public speaker and active member of the Federalist Society, the American Law Institute, and the Washington Legal Foundation’s Legal Policy Advisory Board.
Mrs. Ho graduated from Duke University magna cum laude with a B.A. in English, Rice University with an M.A. and Ph.D. in English Literature, and the University of Chicago Law School with high honors. She was a member of the Law Review and Order of the Coif. She and her husband Jim, a federal judge, have a twin daughter and son.
Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.