A federal appeals judge who is attracting national attention for his “aggressive rhetoric” in legal opinions has written a concurrence criticizing disparate-impact theory, likening it to critical race theory.
Judge James Ho of the 5th U.S. Circuit Court of Appeals at New Orleans elaborated on his views in a concurrence to a July 29 decision tossing a discrimination complaint by a Black landowner, Law360 reports.
According to an NPR story, Ho “has shaken up the staid world of appellate law by deploying aggressive rhetoric” in opinions that condemn “the moral tragedy of abortion” and opine that the Second Amendment should not be a second-class right. The NPR story was written before Ho’s disparate-impact concurrence.
