Ready for the Rule of Law competition this upcoming month? Sponsored by the Supreme Court Historical Society, teens are invited to explore themes of justice, equity, fairness, rules, and/or laws in any (or all) of three genres: personal narrative; opinion writing; and creative writing (e.g. poetry, fiction, screenwriting). This year’s opinion writing entries will be reviewed by guest judge The Honorable James Ho, Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Judge Ho recently shared thoughts on the similarities and differences when writing op-ed and legal opinions, the elements of persuasive writing, and more tips for teens entering the op-ed competition.
You were the editor-in-chief of your high school newspaper and wrote for your college newspaper, too. How did your experience in journalism contribute to the writing that you do in your current role?
Whether you’re writing as a judge or journalist, the goal should be the same: write clearly and accessibly, and present the issues as fairly and neutrally as you can.
My experience in journalism also taught me how to write under strict word limits, which journalists and op-ed writers have to follow. Unfortunately, that’s a skill that countless lawyers and judges have never learned, to the world’s detriment. I prize brevity in writing—out of respect for the reader, and to avoid unnecessarily taxing the world. So I intentionally write opinions that get to the point, and offer my analysis, without being unnecessarily lengthy.
What role does writing play in the law? Why is it important to have strong reading, writing, and editorial skills in this field?
In law, writing is everything. Oral advocacy is important, too, but written advocacy is far more important. That said, the goal of written and oral advocacy is the same: Analyze and explain even the most difficult, controversial, or arcane concepts, and communicate them clearly and persuasively to the reader.
For most writers, that requires extensive editing. It’s hard to be a good writer unless you’re a good editor. Good writing and editing is careful, detail-oriented work. You must ensure that every word (indeed, every punctuation mark) serves a purpose—or it should be removed.
Good writing and editing also requires putting drafts away, and returning later with fresh eyes. Because when you read a draft with fresh eyes, and find yourself lost, or confused, or asking questions, or turning back to a previous paragraph or page to get the point, you probably have more work to do.
"In law, writing is everything."
-Judge James Ho
You’ll be reviewing op-eds written by young people. What are the similarities and differences between op-eds and the legal opinions written by judges?
A good op-ed or legal opinion will address a topic that may divide people, yet is written in a manner that is persuasive, not just to those who already agree, but to those who are inclined to disagree as well. That typically means that you give opposing viewpoints a charitable airing, before articulating the principles that lead you to a contrary conclusion.
One difference between op-ed writing and judicial opinion writing, of course, is the audience. Op-eds are written for general audiences. Judicial opinions are, by and large, written for lawyers. To be sure, I try to write opinions in a manner that non-lawyers can understand, too. But judicial opinions necessarily include legal citations and legal references that are alien to most non-lawyers. Op-ed writers aren’t so burdened.
What aspects of an op-ed do you find most persuasive? Thinking about an op-ed that changed your mind, what did it do well?
An op-ed is most persuasive when it describes opposing viewpoints fairly and charitably, and explains in good faith the reasons why the writer nevertheless disagrees.
Persuasive writing also often reflects the KISS principle—“keep it simple, stupid.” Present your position in a logical, straightforward fashion, and avoid unnecessary complexity or flowery rhetoric. And don’t hide the ball. Make your point clearly and unapologetically. If there are limits to your stated principles, by all means, articulate them. But don’t be afraid to write boldly, to ensure that your point is not lost. Caveats and conditions are fine, but don’t let them cloud your message.
Another principle that guides many good writers: Show, don’t tell. Replace inflammatory adjectives with information and evidence.
Do you have any book recommendations for young people who are interested in law and justice?
The summer before I started law school, I read Justice Scalia’s A Matter of Interpretation. It provided me with a good early foundation for how to think about the problems that face judges who are committed to doing the job neutrally.
What are you looking for in a winning entry? Any other advice for the writers, especially those who are new to thinking and writing about rule of law?
A strong entry will tackle a difficult topic, and present it in a straightforward manner—simple without being simplistic. It will approach opposing viewpoints generously, while nevertheless explaining why they’re mistaken. And it will do so in a spirit of good faith and open-mindedness.
About Judge James Ho
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench, he was co-chair of the national Appellate and Constitutional Law practice group and partner in the Dallas office of Gibson, Dunn & Crutcher. As an appellate litigator for over a decade, he presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the Supreme Court of the United States. As the Solicitor General of Texas, he won a Best Brief Award from the National Association of Attorneys General for each of the three years that he served. Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the Supreme Court of the United States. Judge Ho is a graduate of Stanford University and University of Chicago Law School.
Thank you to the Supreme Court Historical Society for sponsoring this competition. The Supreme Court Historical Society is a 501(c)(3) nonprofit membership organization dedicated to preserving and collecting the history of the United States Supreme Court, increasing public awareness of the Court's contribution to the constitutional heritage of the United States, and acquiring knowledge covering the history of the entire Judicial Branch. Learn more at supremecourthistory.org and explore resources at civics.supremecourthistory.org.