5th Circuit Judges Spar Over En Banc Denial in Protest Restriction Case


A lone judge on the U.S. Court of Appeals for the Fifth Circuit on Wednesday slammed his colleagues’ decision not to reconsider whether to block a Mississippi city’s protest restrictions, calling the failed en banc vote a “banishment of religious activity from the public square.”

Judge James Ho’s en banc denial dissent sparked a sharp concurrence, signed on by seven Republican-appointed judges who pushed back against Ho’s characterization of the appeal.


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