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.
Business
In-N-Out Burger outlets in Southern California hit by counterfeit bill scam
Two people allegedly used $100 counterfeit bills at dozens of In-N-Out Burger restaurants in Southern California in a wide-reaching scam.
Glendale Police officials said in a statement Friday that 26-year-old Tatiyanna Foster of Long Beach was taken into custody last month. Another suspect, 24-year-old Auriona Lewis, also of Long Beach, was arrested in October.
Police released images of $100 bills used to purchase a $2.53 order of fries and a $5.93 order of a Flying Dutchman.
The Los Angeles County District Attorney’s Office charged Lewis with felony counterfeiting and grand theft in November.
Elizabeth Megan Lashley-Haynes, Lewis’s public defender, didn’t immediately respond to a request for comment.
Glendale police said that Lewis was arrested in Palmdale in an operation involving the U.S. Marshals Task Force. Foster is expected in court later this month, officials said.
”Lewis was found to be in possession of counterfeit bills matching those used in the Glendale incident, along with numerous gift cards and transaction receipts believed to be connected to similar fraudulent activity,” according to a police statement.
A representative for In-N-Out Burger told KTLA-TV that restaurants in Riverside, San Bernardino and San Diego counties were also targeted by the alleged scam.
“Their dedication and expertise resulted in the identification and apprehension of the suspects, helping to protect our business and our communities,” In-N-Out’s Chief Operations Officer Denny Warnick said. “We greatly value the support of law enforcement and appreciate the vital role they play in making our communities stronger and safer places to live.”
The company, opened in 1948 in Baldwin Park, has restaurants in nine states.
An Oakland location closed in 2024, with the owner blaming crime and slow police response times.
Company chief executive Lynsi Snyder announced last year that she planned to relocate her family to Tennessee, although the burger chain’s headquarters will remain in California.
Business
Newsom’s budget includes $200 million to make up for Trump’s canceled EV rebates, among other climate items
Gov. Gavin Newsom on Friday doubled down on California’s commitment to electric vehicles with proposed rebates intended to backfill federal tax credits canceled by the Trump administration.
The plan would allocate $200 million in one-time special funds for a new point-of-sale incentive program for light-duty zero-emissions vehicles. It was part of a sweeping $348.9-billion state budget proposal released Friday, which also included items to address air pollution and worsening wildfires, amid a projected $3-billion state deficit.
EVs have become a flashpoint in California’s battle against the Trump administration, which moved last year to repeal the state’s long-held authority to set strict tailpipe emission standards and eventually ban the sale of new gas powered cars.
Last year, Trump ended federal tax credits of up to $7,500 for EV customers that were part of President Biden’s 2022 Inflation Reduction Act. In September, his administration also let lapse federal authorization for California’s Clean Air Vehicle decal program, which allowed solo EV drivers to use carpool lanes.
“Despite federal interference, the governor maintains his commitment to protecting public health and achieving California’s world leading climate agenda,” Lindsay Buckley, spokesperson for the California Air Resources Board, said in an email. “This incentive program will help continue the state’s ZEV momentum, especially with the federal administration eliminating the federal EV tax credit and carpool lane access.”
Newsom had previously flip-flopped on this idea, first vowing to restore a state program that provided up to $7,500 to buy clean cars and then walking it back in September. That same month, a group of five automakers including Honda, Rivian, Hyundai, Volkswagen and Audi wrote a letter urging Newsom and state legislators to establish a $5,000 EV tax rebate to replace the lost federal incentives, Politico reported.
During his State of the State speech Thursday — one year after the devastating Palisades and Eaton fires in Los Angeles — Newsom said California “refuse[s] to be bystanders” while China and other nations take the lead on electric vehicles and the clean energy transition. He touted the state’s investments in solar, hydrogen, wind and nuclear power, as well as its recent move away from the use of any coal-fired power.
“We must continue our prudent fiscal management, funding our reserves, and continuing the investments Californians rely on, from education to public safety, all while preparing for Trump’s volatility outside our control,” the governor said in a statement. “This is what responsible governance looks like.”
Several environmental groups had been urging Newsom to invest more in clean air and clean vehicle programs, which they say are critical to the state’s ambitious goals for human health and the environment. Transportation is the largest source of climate and air pollution in California and is responsible for more than a third of global warming emissions, said Daniel Barad, Western states policy manager with the nonprofit Union of Concerned Scientists.
“As federal attacks threaten California’s authority to protect public health, incentives are more essential than ever to scale up clean cars and trucks,” Barad said. “The governor and legislative leaders must act now to fully fund zero-emission transportation and pursue new revenue to grow and sustain climate investments.”
Katelyn Roedner Sutter, California senior director with the nonprofit Environmental Defense Fund, called it “an essential step to save money for Californians, cut harmful pollution, spur innovation, and support the global competitiveness of our auto industry.”
While the budget proposal does not include significant new spending proposals, it contains other line items relating to climate and the environment. Among them are plans to continue implementing Proposition 4, the $10-billion climate bond approved by voters in 2024 for programs geared toward wildfire resilience, safe drinking water, flood management, extreme heat mitigation and other similar efforts.
Among $2.1 billion in climate bond investments proposed this year are $58 million for wildfire prevention and hazardous fuels reduction projects in vulnerable communities, and nearly $20 million to assist homeowners with defensible space to prevent fire. Water-related investments include $232 million for flood control projects and nearly $70 million to support repairs to existing or new water conveyance projects.
The proposal also lays out how to spend money from California’s signature cap-and-trade program, which sets limits on greenhouse gas emissions and allows large polluters to buy and sell unused emission allowances at quarterly auctions. State lawmakers last year voted to extend the program through 2045 and rename it cap-and-invest.
The spending plan includes a new tiered structure for cap-and-invest that first funds statutory obligations such as manufacturing tax exemptions, followed by $1 billion for the high speed rail project, $750 million to support the California Department of Forestry and Fire Protection, and finally secondary program funding such as affordable housing and low-carbon transit options.
But while some groups applauded the budget’s broad handling of climate issues, others criticized it for leaning too heavily on volatile funding sources for environmental priorities, such as special funds and one-time allocations.
The Sierra Club called the EV incentive program a crucial investment but said too many other items were left with “patchwork strategies that make long-term planning harder.”
“Just yesterday, the Governor acknowledged in his State of the State address that the climate risk is a financial risk. That is exactly why California needs climate investments that are stable and ongoing,” said Sierra Club director Miguel Miguel.
California Environmental Voters, meanwhile, stressed that the state should continue to work toward legislation that would hold oil and gas companies liable for damages caused by their emissions — a plan known as “Make Polluters Pay” that stalled last year amid fierce lobbying and industry pressure.
“Instead of asking families to absorb the costs, the Legislature must look seriously at holding polluters accountable for the harm they’ve caused,” said Shannon Olivieri Hovis, California Environmental Voters’ chief strategy officer.
Sarah Swig, Newsom’s senior advisor for climate, noted that the state’s budget plan came just days after Trump withdrew the United States from the United Nations Framework Convention on Climate Change, a major global treaty signed by nearly 200 countries with the aim of addressing global warming through coordinated international action.
“California is not slowing down on climate at a time when we continue to see attack after attack from the federal government, including as recently as this week with the Trump administration’s withdrawal from the UNFCCC,” Swig told reporters Friday. “California’s leadership has never mattered more.”
Business
Abandoned shops and missing customers: Fire-scarred businesses are still stuck in the aftermath
The charred remains of the historic Pacific Palisades Business Block cast a shadow over a once-bustling shopping district along West Sunset Boulevard.
Empty lots littered with debris and ash line the street where houses and small businesses once stood. A year since the Palisades fire roared through the neighborhood, only a handful of businesses have reopened.
The Starbucks, Bank of America, and other businesses that used to operate in the century-old Business Block are gone. All that remains of the Spanish Colonial Revival building are some arches surrounding what used to be a busy retail space. The burned-out, rusty remnants of a walk-in vault squat in the center of the structure.
Nearby, the Shade Store, the Free-est clothing store, Skin Local spa, a Hastens mattress store, Sweet Laurel Bakery and the Hydration Room are among the many stores still shuttered. Local barbershop Gornik & Drucker doesn’t know if it can reopen.
“We have been going back and forth on what it would take to survive,” co-owner Leslie Gornik said. “If we open, we have to start over from scratch.”
Hundreds gathered around Business Block on the anniversary of he fire on Wednesday to witness a military-style white-glove ceremony to pay respects to the families who lost loved ones. Photos of those killed from the neighborhood were placed at the Palisades Village Green next door.
The Palisades fire burned for 24 days, destroying more than 6,800 structures, damaging countless others and forcing most of the neighborhood’s residents to move elsewhere. About 30 miles northeast, the Eaton fire burned more than 9,400 structures. Combined, the fires killed 31 people.
Remnants of the the Pacific Palisades Business Block, which was completed in 1924 and burned in the Palisades fire.
The few businesses that are back in Palisades serve as a beacon of hope for the community, but owners and managers say business is down and customers haven’t returned.
Ruby Nails & Spa, located near the Business Block, was closed for eight months before reopening in September. Now business is only half of what it was before the fires, owner Ruby Hong-Tran said.
“People come back to support but they live far away now,” she said. “All my clients, their houses burned.”
Ruby Hong-Tran, owner of Ruby Nails & Spa in Pacific Palisades, says her business is half of what it was since reopening.
It took months to clean all the smoke damage from her shop. The front is still being fixed to cover up burn damage.
The firestorms destroyed swaths of other neighborhoods, including Malibu, Topanga, Sierra Madre and Altadena, where businesses and homeowners also are struggling to build back.
Some are figuring out whether it is worth rebuilding. Some have given up.
The Los Angeles Economic Development Corporation estimated last year that more than 1,800 small businesses were in the burn zones in Pacific Palisades, Malibu and Altadena, impacting more than 11,000 jobs.
Businesses say they often have been on their own. The Federal Emergency Management Agency tasked the U.S. Army Corps of Engineers to clean up debris at private residences, some public buildings and places of worship — but not commercial properties.
Business owners had to clean up the charred debris and toxic waste on their properties. Many had to navigate complicated insurance claims and apply for emergency loans to stay afloat.
Rosie Maravilla, general manager of Anawalt’s Palisades Hardware, said damage to her store was limited, and insurance covered the cleaning, so she was able to open quickly. The store reopened just one month after the fire.
Rosie Maravilla, general manager of Anawalt Palisades Hardware, in front of of the store in Pacific Palisades.
Still, sales are 35% lower than what they used to be.
“In the early days, it was bad. We weren’t making anything,” Maravilla said. “We’re lucky the company kept us employed.”
The customer base has changed. Instead of homeowners working on personal projects, the store is serving contractors working on rebuilding in the area.
An archival image of the area in Pacific Palisades hangs over the aisles in Anawalt Palisades Hardware, where business is down despite a customer base of contractors who are rebuilding.
Across the street from the Business Block, the Palisades Village mall was spared the flames and looks pristine, but is still closed. Shop windows are covered with tarps. Low metal gates block entry to the high-end outlets. The mall is still replacing its drywall to eliminate airborne contaminants that the fire could have spread.
All of its posh shops still are shut: Erewhon, Lululemon ,Bay Theater, Blue Ribbon Sushi, athletic apparel store Alo, Buck Mason men’s and Veronica Beard women’s boutiques.
Mall owner and developer Rick Caruso said he is spending $60 million to reopen in August.
The need to bring back businesses impacted by the fires is urgent, Caruso said, and not just to support returning residents.
“It’s critical to bring jobs back and also for the city to start creating some tax revenue to support city services,” he said. ”Leaders need to do more to speed up the rebuilding process, such as speeding up the approval of building permits and stationing building inspectors closer to burn areas.”
Pedestrians walk past the Erewhon market in Palisades Village that plans to reopen this year.
(Genaro Molina/Los Angeles Times)
Wednesday, on the anniversary of the fire, Caruso sent three light beams into the sky over the mall, which met in one stream to honor the impacted communities of Pacific Palisades, Altadena and Malibu.
The nighttime display will continue through Jan. 31.
Business Block’s history dates to 1924, when it served as a home for the community’s first ventures. In the 1980s, plans to tear it down and build a mall sparked a local uprising to save the historic symbol of the neighborhood’s vibrancy. It was designated a Los Angeles Historic-Cultural Monument in 1984.
Tiana Noble, a Starbucks spokesperson, said the landlord terminated the company’s lease when the building burned down. Bank of America said it secured a new lease to rebuild nearby.
Business Block’s fate is still unclear. Some people want to preserve its shell and turn it into a memorial.
This week, it was ringed by a fence emblazoned with the words “Empowering fresh starts together.”
Caruso said the ruins should be torn down.
“It needs to be demolished and cleaned up,” he said. “It’s an eyesore right now and a hazard. I would put grass on it and make it attractive to the community.”
Twisted and scorched remnants of the the Pacific Palisades Business Block still are there a year after the fire.
A short walk from the Business Block and near a burned-down Ralphs grocery store is the Palisades Garden Cafe, one of the few places in the neighborhood to get food and drink. The small, vibrant cafe was closed for two months after the fire, during which the employees went without pay.
Manager Lita Rodriguez said business is improving, but misses the regulars.
“We used to get tons of students and teachers who live and work here,” she said. “Our customers are mostly contractors now.”
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