A prominent conservative U.S. appeals court judge, James Ho, has resigned from the Federal Judges Association (FJA), the largest group of group of federal judges, following its decision to issue a public statement addressing the rise in criticism, threats, and violence against the judiciary.
Ho, a Trump appointee and potential U.S. Supreme Court nominee, criticized the FJA’s statement as “sanctimonious” and politically biased during a speech at the Federalist Society’s National Student Symposium.
The FJA, which represents over 1,100 federal judges, released a statement on Wednesday warning about “irresponsible rhetoric shrouded in disinformation” and the risks to judicial independence.
While the group did not cite specific cases or individuals, the statement came amid heightened criticism of judges who have blocked Trump administration’s initiatives.
FJA Warns of Threats to Judicial Independence
The FJA’s statement emphasized the judiciary’s role as “guardians of the rule of law” and highlighted growing concerns about security, intimidation, and disinformation.
The FJA President Michelle Childs, a Biden appointee, further elaborated in a message to members, citing “violence, intimidation, disinformation, and unprecedented impeachments” as threats to judicial independence.
The statement followed public attacks by billionaire Elon Musk and other Trump allies on judges who have opposed White House policies, including calls for the impeachment of some judges.
Judge Ho’s Resignation and Criticism of FJA
Judge Ho, who serves on the New Orleans-based 5th U.S. Circuit Court of Appeals, described the FJA’s statement as out of character and accused the group of selective concern for judicial independence.
He argued that the FJA failed to issue similar statements when conservative judges, such as Supreme Court Justice Brett Kavanaugh, faced threats and attacks.
“You can’t say that you’re in favor of judicial independence only when it comes to decisions that you like,” Ho said. “That’s not protecting the judiciary, that’s politicizing the judiciary.”
Ho announced his resignation from the FJA during his speech at the University of Michigan Law School, stating that he sent an email to the organization the morning after the statement was released to express his decision.
Why It Matters
Ho’s resignation shows the growing polarization surrounding the judiciary and the challenges of maintaining its independence in a politically charged environment. The FJA’s statement and Ho’s response underscore the tension between addressing legitimate threats to judges and avoiding perceptions of political bias.
The controversy also reflects broader debates about the role of the judiciary in upholding the rule of law, particularly in cases involving high-profile political issues.
The Calls for Balanced Support for Judicial Independence
Ho’s remarks at the Federalist Society event emphasized the need for consistent support for judicial independence, regardless of political affiliations or rulings.
He criticized the FJA for what he perceived as a lack of action when conservative judges faced threats, such as the alleged assassination attempt on Justice Kavanaugh in 2022 following the leak of the draft abortion ruling.
“I was very surprised by that statement, and the next morning I sent an email to the organization saying that I wanted to resign,” Ho told the audience.
