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It Could Happen Here

The Scariest Court in America feat. Steven Monacelli & Dr. Michael Phillips

It Could Happen Here

Cool Zone Media and iHeartPodcasts

News, Daily News, Society & Culture, Politics

4.06.5K Ratings

🗓️ 24 March 2026

⏱️ 51 minutes

🧾️ Download transcript

Summary

During the Civil Rights Era, the U.S. Fifth Circuit Court of Appeals in New Orleans was one of the most liberal courts in the United States. It became an ally of the Civil Rights Movement that knocked down Jim Crow laws across the Deep South. But because of a string of appointments by conservative presidents starting with Ronald Reagan in the 1980s, it has transformed into one of the country’s most reactionary judicial bodies, with rulings that banned drag shows, endangered nationwide access to the so-called “abortion pill,” and threatened to give domestic abusers access to handguns. This episode looks at how the Fifth Circuit turned into the scariest court in America -- and in particular the career of one extremist judge, James Ho, who one day might end up on the United States Supreme Court. 

Sources: 

Jack Bass,  “John Minor Wisdom, Appeals Court Judge Who Helped to End Segregation, Dies at 93,” New York Times, May 16, 1999, https://www.nytimes.com/1999/05/16/us/john-minor-wisdom-appeals-court-judge-who-helped-to-end-segregation-dies.html

Jonathan Entin, “The Surprising History of the 5th Circuit Court of Appeals,” Governing, January 23, 2024, https://www.governing.com/policy/the-surprising-history-of-the-5th-circuit-court-of-appeals.

Eleanor Klibanoff,  “Again and again, U.S. Supreme Court slaps down 5th Circuit,” The Texas Tribune, July 3, 2024, https://www.texasstandard.org/stories/supreme-court-5th-circuit-court-rulings-texas-overturned/

Mattathias Schwartz, “This Federal Judge Is the ‘Tip of the Spear’ of Trump-Era Conservatism,” New York Times, August 9, 2025, https://www.nytimes.com/2025/08/09/us/judge-ho-trump-border.html

See omnystudio.com/listener for privacy information.

Transcript

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0:00.0

This is an IHeart podcast.

0:02.5

Guaranteed Human.

0:05.8

Hey there, this is Josh from Stuff You Should Know with a message that could change your life.

0:11.7

The Stuff You Should Know Think Spring podcast playlist is available now.

0:16.2

Whether spring has sprung in your neck of the woods yet or not, the stuff you should

0:20.3

know, think spring playlist will make you want to get your overalls on,

0:23.8

get outside, and get your hands in the dirt.

0:26.3

You can get the stuff you should know think spring playlist on the IHeartRadio app,

0:30.4

Apple Podcasts, or wherever you get your podcasts.

0:34.4

Let's go!

0:35.0

Our IHeart Radio Music Awards are coming back.

0:38.7

Thursday, March 26th, live on Fox.

0:41.9

Watch as we honor the biggest stars from all genres of music

0:45.0

that you loved listening to all year long

0:47.4

on your favorite IHeart Radio station and the IHart Radio app.

0:50.1

Hosted by Ludacris.

0:51.8

Icon Award recipient John Mellencamp.

0:53.9

Innovator Award recipient. Mileycamp. Innovator award recipient.

0:55.3

Myelie Cyrus.

0:56.5

With performances by Alex Warren, Kalani, Lainey Wilson, Ludacris, RAY, TLC,

1:02.2

Salt and Pepper, and Invoke.

1:03.7

What a man, what a man, what I'm on a movie.

...

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