Fifth Circuit Judge Defends Justice Thomas’ Ethics in Recent Speech

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Judge James Ho, a member of the US Court of Appeals for the Fifth Circuit, has defended his former boss, Justice Clarence Thomas, over allegations that he failed to disclose multiple gifted trips and a property deal with a Republican donor. In a speech to the Dallas lawyers chapter of the Federalist Society, Ho argued that there should not be “double standards” on ethics and that the highest ethical standards should be applied.

Ho also voiced his support for Texas US District Judge Matthew Kacsmaryk, who has faced criticism for allegedly not disclosing an article he co-wrote during his confirmation process. Ho suggested that Kacsmaryk would not have had to disclose the article if he had withdrawn it altogether.

Ho’s remarks were made in response to ProPublica reports that Thomas failed to disclose multiple gifts and a property deal with Republican donor Harlan Crow. In his prepared remarks, Ho stated that citizens deserve a government they can believe in and that he welcomes good-faith discussions about strengthening ethics in government. However, he argued that the highest ethical standards should be applied, not hypocritical double standards.

  

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Ho also pointed to a Wall Street Journal report that found over 130 federal judges heard cases in which they or a family member owned stock in one of the involved companies. He argued that the report did not accuse all of those judges of actual corruption and that there is a big difference between actual corruption and the appearance of corruption.

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Ho further defended Justice Thomas by pointing out that he was not the only justice to take trips sponsored by individuals or organizations that do not have interests pending before the court but that this has not been enough to trigger recusal.

Regarding Judge Kacsmaryk, Ho argued that the judge’s failure to disclose the article he co-wrote during his confirmation process was not necessarily an ethical breach, particularly if he had withdrawn the article altogether. Kacsmaryk has recently faced controversy after ruling that the Food and Drug Administration’s approval of a decades-old abortion drug should be suspended.

In his speech, Ho emphasized that it is important to distinguish between actual corruption and the appearance of corruption. He suggested that good faith discussions about how to strengthen ethics in government should focus on applying the highest ethical standards rather than double standards.

Ho’s remarks have been reported by legal blogger David Lat and by Reason. Bloomberg Law has independently obtained a copy of Ho’s prepared remarks.

In conclusion, Judge James Ho has defended Justice Clarence Thomas and Judge Matthew Kacsmaryk in a speech to the Dallas lawyers chapter of the Federalist Society. Ho argued that there should not be double standards on ethics and that the highest ethical standards should be applied. He suggested that good faith discussions about how to strengthen ethics in government should focus on applying the highest ethical standards rather than double standards.