Business
Column: A Trump judge dropped his unwavering support for birthright citizenship to conform to Trump's view
Over his seven years on the federal bench, James C. Ho has acquired a reputation as one of the most conservative members of a notably conservative court, the U.S. 5th Circuit Court of Appeals.
So it’s proper to take heed of Ho’s position on a temporarily blocked issue that Donald Trump has lately placed on the front burner: Birthright citizenship, the principle enshrined in the 14th Amendment that virtually all children born in the U.S. are U.S. citizens.
In an executive order issued on inauguration day, Jan. 20, Trump declared that the right of birthright citizenship doesn’t apply to the children of undocumented immigrants. Trump’s order was temporarily blocked Thursday by a federal judge in Seattle.
Text, history, judicial precedent, and Executive Branch interpretation confirm that the Citizenship Clause reaches most U.S.-born children of aliens, including illegal aliens.
— James C. Ho, 2006
Among legal scholars, that’s a minority view, even a fringe view. The 14th Amendment is forthright; it states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Ho has long voiced the broadest view of those words. But not lately.
Let’s trace his intellectual journey on the issue.
Ho, as it happens, is an immigrant himself. He was born in Taiwan to parents who immigrated to the U.S. when he was a child and acquired naturalized U.S. citizenship at age 9.
No one to my knowledge has ever argued that the children of invading aliens are entitled to birthright citizenship.
— James C. Ho, 2024
Ho’s judicial stance has been solidly conservative. Last year, writing in a case in which his colleagues reversed a ruling by a federal judge in Texas that had blocked the distribution of the abortion drug mifepristone nationwide, Ho engaged in what I called a “curious flight of fancy” to advocate for the ban.
He asserted that abortions cause “aesthetic injury” to doctors forced to participate in the procedure, even if only by treating patients for adverse reactions.
“Unborn babies are a source of profound joy for those who view them,” Ho wrote. “Doctors delight in working with their unborn patients — and experience an aesthetic injury when they are aborted.” He argued in favor of granting the physician plaintiffs in the case a legal interest in the outcome of abortions achieved via the drug, even though none of the plaintiffs had treated women who had taken it.
“The [Food and Drug Administration] has approved the use of a drug that threatens to destroy the unborn children in whom Plaintiffs have an interest,” Ho wrote. “And this injury is likewise redressable by a court order holding unlawful and setting aside approval of that abortifacient drug.”
Ho’s earliest writing on the birthright citizenship that I could find was published in 2006 in The Green Bag, a law journal. At the time, Ho’s career encompassed service as a counsel to the Senate Republican caucus and service as a clerk to Supreme Court Justice Clarence Thomas. He would later serve as solicitor general of Texas, before his appointment to the 5th Circuit appeals court by Trump in 2017.
In his 2006 article, titled “Defining ‘American,’” Ho focused specifically and at length on the argument that children of undocumented immigrants aren’t entitled to birthright citizenship.
Birthright citizenship, he wrote, “is protected no less for children of undocumented persons than for descendants of Mayflower passengers.”
Ho dismissed the assertion by critics of birthright citizenship that the phrase “subject to the jurisdiction” excludes those who are in the U.S. illegally.” Even they, he wrote, are subject to the authority of the U.S. government, and therefore covered by the citizenship clause. He endorsed the most common interpretation, which is that the “jurisdiction” clause excludes only the children of diplomats serving their home countries in the U.S., and enemy combatants on U.S. soil. Instead, he wrote, the citizenship clause “covers the vast majority of lawful and unlawful aliens.”
Ho wrote again on birthright citizenship in a Jan. 5, 2011, op-ed in the Wall Street Journal. The article addressed an effort by a coalition of red state legislators in support of state-level laws to exclude undocumented immigrants from birthright citizenship. It was subtitled, “Opponents of illegal immigration cannot claim to champion the rule of law and then propose policies that violate our Constitution.”
In that article, Ho reviewed the long history of legal and judicial support for the broad reach of birthright citizenship. As I reported this week, that included an 1898 Supreme Court decision upholding the citizenship of an American citizen of Chinese extraction, and Supreme Court rulings in 1982 and 1985 in which the court “unanimously agreed that a child born to an undocumented immigrant was in fact a U.S. citizen,” as Ho wrote.
Now let’s fast-forward to Nov. 11, days after Trump’s reelection victory. In an interview published by Reason Magazine that Ho gave to conservative lawyer Josh Blackman — who himself supports birthright citizenship for children of undocumented immigrants — Ho backtracked.
“Birthright citizenship obviously doesn’t apply in case of war or invasion,” Ho stated. “No one to my knowledge has ever argued that the children of invading aliens are entitled to birthright citizenship. And I can’t imagine what the legal argument for that would be…. Everyone agrees that birthright citizenship doesn’t apply to the children of lawful combatants. And it’s hard to see anyone arguing that unlawful combatants should be treated more favorably than lawful combatants.”
There’s a lot to unpack here, but Ho certainly seems to be conjuring up a redefinition of “illegal” or undocumented immigrants as “invaders.” He appears to find some equivalence between undocumented immigrants and “invading aliens.” Ho articulated this view in a concurring opinion in an appellate ruling in July that supported efforts by Texas Gov. Greg Abbott to have state officials block immigrants at the Texas border. Ho argued that Abbott’s assertion that Texas faced an “invasion” of illegal immigrants from Mexico deserved respect as a “good faith” description of conditions, and that the state arguably had the right to take matters into its own hands.
That’s a view in which Ho may be in a minority of one. In a 1996 case, a federal appeals court panel ruled that for a state to claim it’s being invaded, “it must be exposed to armed hostility from another political entity, such as another state or foreign country that is intending to overthrow the state’s government”—not a flow of individuals seeking jobs.
In his Reason interview, Ho’s definition of “unlawful combatants” is murky, but his free use of the term “invasion” conforms to the observation of legal scholar Rachel Rosenbloom that opposition to birthright citizenship is typically couched “in a highly racialized language of crisis and invasion.”
Why did Ho change his tune, if that’s what he’s done? Paul Blumenthal of Huffpost speculates that Ho’s “rewriting of his previous position on birthright citizenship can be best seen as his audition for the next open Supreme Court seat,” which is likely to be filled by Trump.
I asked Ho via a message to be forwarded to him by his chambers clerk to comment on that conjecture and to clarify his views on birthright citizenship, and how they might have been changed by rhetoric about an “invasion” of Texas or the U.S. by immigrants. He hasn’t replied.
Early in April, Ruben Hallali got an unusual alert on his phone: The evening temperature at Paris Charles de Gaulle International Airport had jumped about 6 degrees Fahrenheit in seconds.
Mr. Hallali, the chief executive of the weather risk company Sereno, had set up notifications for extreme weather swings. Then, nine days later, it happened again.
“It was an isolated jump, at one single station, early in the evening,” said Mr. Hallali, who added that he noticed another strange coincidence about the spikes: The timing was just right for somebody to reap a windfall on the betting site Polymarket.
He wasn’t the only one who sensed a problem. Météo-France, the country’s national meteorological service, filed a complaint last week with the police and local prosecutors, saying it had evidence that a weather sensor at Charles de Gaulle, the country’s largest airport, may have been tampered with.
The temperature swings, experts said, coincided with a period of unusual activity on Polymarket, one of the leading online prediction markets, which allow users to wager on the outcome of virtually anything.
One increasingly popular area is weather betting, where speculators can make real-time wagers on temperature readings, rainfall totals, the number of Atlantic hurricanes in a year and much more — with payouts in the thousands of dollars and higher.
As the stakes rise, so has the temptation to tamper with the instruments used to generate weather readings in hopes of engineering a lucrative outcome. Experts warn that this could have dangerous ripple effects, like degrading the information that underpins safe air travel.
Temperature data is used in a host of calculations at airports, helping determine correct takeoff distance, climb rate and whether crews need to apply frost treatment to planes. It’s crucial to airport safety, Mr. Hallali said.
“The Charles de Gaulle incident is not an isolated curiosity,” Mr. Hallali said. “It is what happens when financial incentives meet fragile data infrastructure.”
On April 6, the temperature reading at Charles de Gaulle jumped from 64 degrees Fahrenheit to 70 degrees at 7 p.m., before slowly falling over the next hour, according to data from Météo-France.
On April 15, the recorded temperature climbed even more sharply, from 61 degrees at 9 p.m. to 72 at 9:30 p.m., then dropping back to 61 a half-hour later.
In both instances, the spikes set the high temperature for the day, the metric on which some Polymarket wagers rest.
Laurent Becler, a spokesman for Météo-France, said the service contacted the police after noticing the discrepancies in temperature data. He declined to comment further on the case, saying it was under investigation.
Mr. Hallali said that after the first instance, experts and commenters on the French weather forum Infoclimat began to search answers. Theories were floated, including user error. But after the second spike, commenters zeroed in on the unusual Polymarket wagers, which totaled nearly $1.4 million over the two days, according to the company’s data.
The sums bet on April 6 and 15 were hundreds of thousands of dollars higher than on typical days this month.
It is not the first time that strange bets on prediction markets have raised accusations of insider trading.
On Thursday, a U.S. Army special forces soldier who helped capture President Nicolás Maduro of Venezuela in January was charged with using classified information to bet on outcomes related to Venezuela, making more than $400,000 on Polymarket. Late last year, another trader on the site made roughly $300,000 betting on last-minute pardons from President Joseph R. Biden Jr. before he left office.
Polymarket did not immediately respond to a request for comment. While the site used to tie some bets to temperature readings at Charles de Gaulle, this week, after Météo-France filed its complaint, the platform began using temperatures taken at another airport near the city, Paris-Le Bourget, according to recent bets on the site.
Representatives for Charles de Gaulle airport declined to comment beyond saying that the case was under investigation. The airport police also declined to comment. The Bobigny Public Prosecutor’s Office, which is handling the case, declined to answer questions about the investigation but said that no complaint had been filed against Polymarket.
As to how the instruments could have been tampered with, a number of theories have been offered online, including by use of a hair dryer or a lighter. Mr. Hallali said that the precision of the spike on April 15 suggested the use of a calibrated portable heating device, although he declined to speculate about what kind.
“Markets are expanding into every domain where an outcome can be observed, measured, and settled,” he said. “As these markets multiply, so does the surface area for manipulation.”
As the war in Iran strangles the flow of oil around the globe, California’s jet fuel reservoirs are running low.
The state — which refines much of its own fuel in El Segundo and elsewhere but still relies on crude oil imports — has seen its jet fuel stock decline by more than 25% from last year’s peak to a level not seen since 2023, according to data from the California Energy Commission.
The supply is shrinking as a global shortage is already affecting travelers’ summer plans with canceled flights and higher fares. It could even affect plans for people coming to Los Angeles for the 2026 World Cup, which starts in June, said Mike Duignan, a hospitality expert and professor at Paris 1 Panthéon-Sorbonne University.
“People don’t know exactly how this is going to escalate,” he said. “There’s a huge black cloud over the sea for the World Cup and the travel slump that we’re seeing is all linked to this oil shortage.”
As fuel supplies shrink, flight prices are rising. Airlines are adding baggage surcharges to cover fuel costs. Several routes leaving from smaller California hubs, including Sacramento and Burbank, have already been canceled.
Air Canada has suspended flights for this summer, cutting routes from JFK to Toronto and Montreal.
“Jet fuel prices have doubled since the start of the Iran conflict, affecting some lower profitability routes and flights which now are no longer economically feasible,” the airline said in a statement last week.
Europe had just more than a month’s supply of jet fuel left last week, the International Energy Agency said. In an effort to cut costs, the German airline Lufthansa slashed 20,000 flights from its summer schedule this week.
Without a fresh oil supply flowing through the Strait of Hormuz, the situation is unlikely to improve, experts said. The oil reserves countries and companies have in storage are helping fill shortfalls, but the squeezed supply chain could still wreak economic havoc.
“When there’s a shortage somewhere, everything is affected,” said Alan Fyall, an associate dean of the University of Central Florida Rosen College of Hospitality Management. “Airlines are being cautious, and I would say that is a very wise strategy at the moment.”
California’s jet fuel stock reached its lowest levels in two and a half years at 2.6 million barrels last week, down from a peak of more than 3.5 million barrels last year.
The California Energy Commission, which tracks fuel inventory, said the state’s current jet fuel stock is sill sufficient.
“Current production and inventory levels of jet fuel are within historical ranges,” a spokesperson said. “Although supply is tight, no structural deficit has emerged yet. The present tightness reflects short‑term global market stress. As long as refinery operations remain stable, California is positioned to meet regional jet fuel needs.”
Europe has been affected more directly because it relies on the Middle East for the vast majority of its crude oil and many refined products, experts said. California gets crude oil from the Middle East but also from Canada, Argentina and Guyana.
The state has the capacity to refine around 200,000 barrels of jet fuel per day, most of it from refineries in El Segundo and Richmond.
The amount of crude oil originating in the state has been declining since the early 2000s, as state regulations and drilling costs have led to more imports.
California has become particularly vulnerable to supply-chain shocks like the war in Iran, says Chevron, one of the companies that provides jet fuel in the state.
“The conflict in the Mideast Gulf has exposed the danger of California’s decision to offshore energy production,” said Ross Allen, a Chevron spokesperson. “Taxes, red tape and burdensome regulations cost the state nearly 18% of its refinery capacity in just the past year, and we urge policymakers to protect the remaining manufacturing capacity.”
In 2025, 61% of crude oil supply to California’s refineries came from foreign sources, according to the California Energy Commission. Around 23% came from inside the state, down from 35% five years ago.
The state’s refining capacity has also been declining, said Jesus David, senior vice president of Energy at IIR Energy. The West Coast region’s refining capacity has decreased from 2.9 million to 2.3 million barrels a day since 2019, he said.
“California’s had issues prior to the war,” David said. “Nothing new has been built over the past 30 years, and California has closed a lot of capacity.”
The result is higher prices for both gasoline and jet fuel in the state. Jet fuel at LAX costs close to $15 per gallon this week, compared with almost $10 at Denver International Airport and $11 at Newark International Airport.
Gasoline prices have also been hit hard by the global conflict. Average gas prices in California are close to $6 a gallon, around $2 higher than the national average.
The West Coast is a “fuel island” because it’s not connected by pipelines to the rest of the country, United Airlines chief executive Scott Kirby said in an interview last month. That means oil and refined products have to be brought in by ships.
“Fuel price is more susceptible to supply weakness on the West Coast than anywhere else in the country,” Kirby said.
Some airlines might not survive the turmoil if oil prices don’t level out soon, he said. Spirit Airlines, a budget carrier based in Florida, is reportedly facing imminent liquidation if it isn’t bailed out by the Trump administration.
Nike is cutting about 1,400 jobs in its operations division, mostly from its technology department, the company said Thursday.
In a note to employees, Venkatesh Alagirisamy, the chief operating officer of Nike, said that management was nearly done reorganizing the business for its turnaround plan, and that the goal was to operate with “more speed, simplicity and precision.”
“This is not a new direction,” Mr. Alagirisamy told employees. “It is the next phase of the work already underway.”
Nike, the world’s largest sportswear company, is trying to recover after missteps led to a prolonged sales slump, in which the brand leaned into lifestyle products and away from performance shoes and apparel. Elliott Hill, the chief executive, has worked to realign the company around sports and speed up product development to create more breakthrough innovations.
In March, Nike told investors that it expected sales to fall this year, with growth in North America offset by poor performance in Asia, where the brand is struggling to rejuvenate sales in China. Executives said at the time that more volatility brought on by the war in the Middle East and rising oil prices might continue to affect its business.
The reorganization has involved cuts across many parts of the organization, including at its headquarters in Beaverton, Ore. Nike slashed some corporate staff last year and eliminated nearly 800 jobs at distribution centers in January.
“You never want to have to go through any sort of layoffs, but to re-center the company, we’re doing some of that,” Mr. Hill said in an interview earlier this year.
Mr. Alagirisamy told employees that Nike was reshaping its technology team and centering employees at its headquarters and a tech center in Bengaluru, India. The layoffs will affect workers across North America, Europe and Asia.
The cuts will also affect staffing in Nike’s factories for Air, the company’s proprietary cushioning system. Employees who work on the supply chain for raw materials will also experience changes as staff is integrated into footwear and apparel teams.
Nike’s Converse brand, which has struggled for years to revive sales, will move some of its engineering resources closer to the factories they support, the company said.
Mr. Alagirisamy said the moves were necessary to optimize Nike’s supply chain, deploy technology faster and bolster relationships with suppliers.
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