It Could Happen Here

The Scariest Court in America feat. Steven Monacelli & Dr. Michael Phillips

Mar 24, 2026
Dr. Michael Phillips, historian and author who studies racism and eugenics in Texas, joins to trace the Fifth Circuit’s dramatic turn. He explores the court’s liberal civil-rights past, its conservative reshaping since the 1980s, and the rise of James Ho. Conversations cover rulings on abortion access, drag bans, free speech, and the court’s clashes with the Supreme Court.
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INSIGHT

James Ho's Rapid Rise And Conservative Network

  • James Ho rose from Gibson Dunn lawyer to influential Fifth Circuit judge after arguing Bush v. Gore and clerking for Clarence Thomas.
  • His swearing-in at Harlan Crow's mansion and ties to conservative networks signaled alignment with far-right legal circles.
ANECDOTE

The Fifth Four's Civil Rights Legacy

  • The Fifth Circuit was once led by the liberal 'Fifth Four' including John Minor Wisdom who forced desegregation across the South.
  • Wisdom's 1968 Jefferson opinion coined 'colorblind and color conscious' and supported affirmative action and busing.
INSIGHT

Fifth Circuit's Republican Supermajority

  • The Fifth Circuit now covers Texas, Louisiana, and Mississippi and has 17 active judges, 12 appointed by Republicans.
  • Donald Trump appointed six current judges, entrenching a long-term conservative majority on lifetime benches.
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