Credit: kolidzei/Adobe Stock Judge Ho's Dissent: 5th Circuit Split on Case Challenging Its Own Legal Precedent
"If the only thing limiting federal power is our ability to document (or merely speculate about) the provenance of a particular item, the Founders' assurance of a limited national government is nothing more than a parchment promise," said Fifth Circuit Judge James Ho.
November 14, 2022 at 04:07 PM
3 minute read
Circuit Judge James Ho, in a recent dissent, challenged the U.S. Court of Appeals for the Fifth Circuit to reconsider what he argues is an unjustifiable, overly broad interpretation of the commerce clause.
Ho was joined in the dissent by Circuit Judges Jerry Smith and Kurt Engelhardt.
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