Judge James C. Ho veered off course in a Tuesday speech at Georgetown Law School, delivering a staunch defense of law professor Ilya Shapiro, who came under fire last month for criticizing the president’s choice to only consider black women for the next open Supreme Court seat, according to a report.
“If Ilya Shapiro is deserving of cancellation, then you should go ahead and cancel me too,” he told listeners.
Ho was invited to speak by the school’s chapter of the Federalist Society. His original speech was set to be on “Fair Weather Originalism and the Fear of Being Booed.” However, given the events of the past few weeks, he decided to scrap his initial thoughts and address Shapiro’s placement on administrative leave instead.
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“Let me be clear: I stand with Ilya on the paramount importance of color-blindness,” the guest speaker told students at Georgetown Law. “And that same principle should apply whether we’re talking about getting into college, getting your first job, or receiving an appointment to the highest court in the land,” he continued.
Ho, a judge on the 5th Circuit Court of Appeals, is a Taiwanese American and the first Asian to serve on the court. He was appointed in 2017 by President Donald Trump.
According to the Federalist Society, the judge has received appointments to “vice chair of the Federal Judicial Evaluation Committee in Texas, co-chair of the Judiciary Committee of the National Asian Pacific American Bar Association, member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, member of the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and member of the Continuity of Government Commission,” among other accomplishments.
Of Shapiro’s tweet, which some considered to be racist in sentiment, Ho said, “I have no doubt — zero doubt — that Ilya did not intend anywhere near the worst interpretation that has been applied to his remarks.”
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“Make no mistake: If there is any racial discrimination in statements like these, it’s not coming from the speaker — it’s coming from the policy that the speaker is criticizing,” he added.
He referenced his own testimony given at a House Judiciary Committee hearing in 2021, in which he said, “So make no mistake: It would be profoundly offensive — and un-American — to tell the world that you’re restricting a judgeship to members of only one race. It’s offensive to people of other races. And it’s offensive to people of that race — because you’re suggesting that the only way they’ll get the job is if you rig the rules in their favor.”
“That’s all Ilya is trying to say. That’s all he has ever tried to say,” Ho said in his remarks at Georgetown.
Last month, Shapiro faced intense backlash following a tweet in which he criticized President Joe Biden’s choice to only consider black women for the Supreme Court vacancy.
“Objectively best pick for Biden is Sri Srinivasan, who is solid prog & v smart. Even has identity politics benefit of being first Asian (Indian) American. But alas doesn’t fit into the latest intersectionality hierarchy so we’ll get lesser black woman. Thank heaven for small favors?” he wrote in the now-deleted tweet.

In an earlier tweet, he wrote, “Because Biden said he'[d] only consider black women for SCOTUS, his nominee will always have an asterisk attached. Fitting that the Court takes up affirmative action next term.”

Those ideologically opposed to Shapiro seized on the tweet, claiming that the law professor insinuated black women were lesser than other races.
Soon after, Dean of Georgetown Law School William Treanor announced his placement of Shapiro on administrative leave via email. “Ilya Shapiro’s tweets are antithetical to the work that we do here every day to build inclusion, belonging, and respect for diversity,” he said.
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According to Treanor, Shapiro will remain on leave “pending an investigation into whether he violated our policies and expectations on professional conduct, non-discrimination, and anti-harassment.”
“Pending the outcome of the investigation, he will remain on leave and not be on campus. This investigation will follow the procedures established by Georgetown University.”