During the Civil Rights Era, the U.S. Fifth Circuit Court of Appeals in New Orleans was one of the most liberal courts in the United States. It became an ally of the Civil Rights Movement that knocked down Jim Crow laws across the Deep South. But because of a string of appointments by conservative presidents starting with Ronald Reagan in the 1980s, it has transformed into one of the country’s most reactionary judicial bodies, with rulings that banned drag shows, endangered nationwide access to the so-called “abortion pill,” and threatened to give domestic abusers access to handguns. This episode looks at how the Fifth Circuit turned into the scariest court in America -- and in particular the career of one extremist judge, James Ho, who one day might end up on the United States Supreme Court. 

Sources: 

Jack Bass,  “John Minor Wisdom, Appeals Court Judge Who Helped to End Segregation, Dies at 93,” New York Times, May 16, 1999,https://www.nytimes.com/1999/05/16/us/john-minor-wisdom-appeals-court-judge-who-helped-to-end-segregation-dies.html

Jonathan Entin, “The Surprising History of the 5th Circuit Court of Appeals,” Governing, January 23, 2024, https://www.governing.com/policy/the-surprising-history-of-the-5th-circuit-court-of-appeals.

Eleanor Klibanoff,  “Again and again, U.S. Supreme Court slaps down 5th Circuit,” The Texas Tribune, July 3, 2024, https://www.texasstandard.org/stories/supreme-court-5th-circuit-court-rulings-texas-overturned/

Mattathias Schwartz, “This Federal Judge Is the ‘Tip of the Spear’ of Trump-Era Conservatism,” New York Times, August 9, 2025,https://www.nytimes.com/2025/08/09/us/judge-ho-trump-border.html

During the Civil Rights Era, the U.S. Fifth Circuit Court of Appeals in New Orleans was one of the most liberal courts in the United States. It became an ally of the Civil Rights Movement that knocked down Jim Crow laws across the Deep South. But because of a string of appointments by conservative presidents starting with Ronald Reagan in the 1980s, it has transformed into one of the country&rsquo;s most reactionary judicial bodies, with rulings that banned drag shows, endangered nationwide access to the so-called &ldquo;abortion pill,&rdquo; and threatened to give domestic abusers access to handguns. This episode looks at how the Fifth Circuit turned into the scariest court in America -- and in particular the career of one extremist judge, James Ho, who one day might end up on the United States Supreme Court.&nbsp;
Sources:&nbsp;
Jack Bass,&nbsp; &ldquo;John Minor Wisdom, Appeals Court Judge Who Helped to End Segregation, Dies at 93,&rdquo; New York Times, May 16, 1999, <a href="https://www.nytimes.com/1999/05/16/us/john-minor-wisdom-appeals-court-judge-who-helped-to-end-segregation-dies.html">https://www.nytimes.com/1999/05/16/us/john-minor-wisdom-appeals-court-judge-who-helped-to-end-segregation-dies.html</a>
Jonathan Entin, &ldquo;The Surprising History of the 5th Circuit Court of Appeals,&rdquo;&nbsp;Governing, January 23, 2024, <a href="https://www.governing.com/policy/the-surprising-history-of-the-5th-circuit-court-of-appeals">https://www.governing.com/policy/the-surprising-history-of-the-5th-circuit-court-of-appeals</a>.
Eleanor Klibanoff,&nbsp; &ldquo;Again and again, U.S. Supreme Court slaps down 5th Circuit,&rdquo; <a href="https://www.texasstandard.org/stories/categories/texas-tribune/">The Texas Tribune</a>, July 3, 2024, <a href="https://www.texasstandard.org/stories/supreme-court-5th-circuit-court-rulings-texas-overturned/">https://www.texasstandard.org/stories/supreme-court-5th-circuit-court-rulings-texas-overturned/</a>
Mattathias Schwartz, &ldquo;This Federal Judge Is the &lsquo;Tip of the Spear&rsquo; of Trump-Era Conservatism,&rdquo; New York Times, August 9, 2025, <a href="https://www.nytimes.com/2025/08/09/us/judge-ho-trump-border.html">https://www.nytimes.com/2025/08/09/us/judge-ho-trump-border.html</a>

It Could Happen Here started as an exploration of the possibility of a new civil war. Now a daily show, it's evolved into a chronicle of collapse as it happens, and an exploration of how we might build a better future. Every day Robert Evans, Garrison Davis, Mia Wong, and James Stout take you on a jaunty walk through the burning ruins of the old world and towards a better one that lays just on the horizon.

It Could Happen Here started as an exploration of the possibility of a new civil war. Now a daily show, it's evolved into a chronicle of collapse as it happens, and an exploration of how we might build a better future. Every day Robert Evans, Garrison Davis, Mia Wong, and James Stout take you on a jaunty walk through the burning ruins of the old world and towards a better one that lays just on the horizon.

It Could Happen Here

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

https://api.omny.fm/orgs/e73c998e-6e60-432f-8610-ae210140c5b1/clips/caac3632-1f8c-4fe4-a622-b416017e2d7b/transcript