First-time judge appointed by Trump issues his very first opinion. Its a doozy.
This is not how judges are supposed to behave.
IAN MILLHISER APR 19, 2018, 1:19 PM
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 use their very first opinion to burn down the distinction between law and political myth-making.
The core issue in Zimmerman involves an Austin, Texas ordinance prohibiting candidates for mayor or city council from accepting campaign donations greater than $350. It is constitutional, even after the Supreme Court’s Citizens United decision, to limit contributions directly to candidates — the federal contribution limit of $2,700, for example, is constitutional even under the Roberts Court’s reading of the Constitution.
https://thinkprogress.org/james-ho-campaign-finance-hack-70a2ce3477bc/
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"There is simply no way to know, in other words, whether modern campaign finance laws “disfavor rights” that the founding generation understood the Constitution to protect. As Doug Kendall and Jim Ryan once wrote of Justice Clarence Thomas’ originalism, asking how 18th Century figures would have reacted to such a transformed landscape is “as productive as asking an only child: Imagine you have a sister. Now, does she like cheese?”
And lets not forget he was confirmed by a fucking majority. Did anyone remember seeing this "guy' during the confirmation process, he like to make up imaginary rulings......................he needs to be IMPEACHED
November 2018 cannot get here fast enough
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this is just amazing.............that he thinks that he can think what James Madison would have thought......................
