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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsYale Law School Needs to Stand Up to This Bullying Trump-Appointed Judge
Why is the most prominent legal academy in the country bending to the will of Judge James Ho, an anti-cancel culture crusader threatening to boycott its students?https://www.thedailybeast.com/yale-law-school-needs-to-stand-up-to-this-bullying-judge
This is a story about a confrontation between a prominent federal judge and the nations top-ranked law school. Neither comes away looking very good. The judge has unethically attempted to bully the school into tightening its control over student protests in conformity with his own policy views, and the law school meekly moved to placate the judge, without objecting to (or even mentioning) his blatant abuse of judicial power.
Judge James Ho, appointed by former President Donald Trump to the U.S. Fifth Circuit Court of Appeals, absolutely hates so-called cancel culture, especially at law schools, and he has taken it upon himself to do something about it. Speaking earlier this fall at a Federalist Society conference in Kentucky, Ho decried the cancellations and disruptions that have regularly interfered with conservative speakers on law school campuses. He lamented incidents at Georgetown, Duke, and the City University of New York, but he directed special ire at Yale, calling it the most elite institution of legal education [but] the worst when it comes to legal cancellation. To compel Yale to change course, Ho declared, I will no longer hire law clerks from Yale Law School. And I hope that other judges will join me as well.
Although Ho does have the ultimate authority, as he put it, to decide whom I will hire as law clerks in my own chambers, his choices are still constrained by the rules of judicial ethics. In fact, his clerkship boycott violates two provisions of the Code of Conduct for United States Judges, first adopted by the U.S. Judicial Conference in 1973 and applicable to every federal judge below the Supreme Court. Canon 3B(3) provides that judges must make appointments, specifically including law clerks, fairly and only on the basis of merit. Moreover, Canon 2B makes it clear that judges must not use the powers of office for non-judicial purposes by lend[ing] the prestige of the judicial office to advance the private interests of the judge.
Ho candidly admitted that the purpose of his boycott is not to weed out unqualified applicantsIve hired from Yale myself, he said, and theyre great kidsbut rather to punish Yale for its perceived poor treatment of conservative students and speakers. Even the most valid objectives, however, cannot be pursued through unethical means.
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Yale Law School Needs to Stand Up to This Bullying Trump-Appointed Judge (Original Post)
Celerity
Nov 2022
OP
yankee87
(2,173 posts)1. Cancel culture equals consequences
Cancel culture is anything the Reich wing doesnt agree with. They are making laws like, Dont say gay, banning books, restricting voting. But according to them, thats okay. The constant victim hood of these people drives me nuts.
Demovictory9
(32,457 posts)2. Idiot judge