The Volokh Conspiracy
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Federal Judges To Boycott Law Clerks From Columbia University Due To "Virulent Spread of Antisemitism"
"Considering recent events, and absent extraordinary change, we will not hire anyone who joins the Columbia University community—whether as undergraduates or law students—beginning with the entering class of 2024."
Today is Holocaust Remembrance Day (Yom HaShoah). In a fitting tribute, a group of federal judges have announced they will no longer hire law clerks who choose to attend Columbia University (not just the law school) starting with the Fall of 2024. The leaders of the letter, as you might expect, are Judge James Ho of the Fifth Circuit and Judge Lisa Branch of the Eleventh Circuit, along with Judge Matthew Solomson of the Court of Federal Claims.
The letter begins:
Since the October 7 terrorist attacks by Hamas, Columbia University has become ground zero for the explosion of student disruptions, anti-semitism, and hatred for diverse viewpoints on campuses across the Nation. Disruptors have threatened violence, committed assaults, and destroyed property. As judges who hire law clerks every year to serve in the federal judiciary, we have lost confidence in Columbia as an institution of higher education. Columbia has instead become an incubator of bigotry. As a result, Columbia has disqualified itself from educating the future leaders of our country.
And concludes:
Considering recent events, and absent extraordinary change, we will not hire anyone who joins the Columbia University community—whether as undergraduates or law students—beginning with the entering class of 2024.
Justice William Brennan refused to hire law clerks from Harvard Law School because he disliked criticisms of the Supreme Court by some of its faculty. The objective of our boycott is different—it is not to hamper academic freedom, but to restore it at Columbia University.
People may not be familiar with Justice Brennan's practice. Owen Fiss discusses it in his book, Pillars of Justice:
The letter is also signed by Judges Alan Albright, David Counts, James W. Hendrix, Matthew J. Kacsmaryk, Jeremy D. Kernodle. Tilman E. Self, III, Brantley Starr, Drew B. Tipton, Daniel M. Traynor, and Stephen Alexander Vaden.
I recognize that many (most?) judges do not agree with the Ho/Branch boycott model. Indeed, as far as I know, Judge Duncan did not join the boycott against Stanford! Other than Judge Solomson, I do not see any Jewish judges who have joined this letter. There is still time. And I don't think this program needs to be limited to federal judges. As Universities appease the occupiers with hints at BDS, leaders of other industries should publicly adjust hiring practices accordingly.
