Politics

Judges shouldn’t be above the laws they interpret

Published

1 year ago

November 12, 2024

Judges shouldn’t be above the laws they interpret

It was a very bad summer for the federal judiciary.

First, Judge Joshua Kindred of Alaska resigned from the federal bench in scandal after a 20-month investigation uncovered appalling abuse and sexual harassment in his chambersleading to a referral from the Judicial Conference for possible impeachment in the House of Representatives.

Then, back-to-back reports were released — one from the Federal Judicial Center and National Academy of Public Administration, the other from the U.S. Government Accountability Office — underscoring issues that judicial accountability advocates have been raising for years: The federal judiciary’s insistence on insular “self-policing” and internal dispute resolution mechanisms have led to a lack of accountability for judges who mistreat employees.

The federal judiciary’s insistence on insular “self-policing”…have led to a lack of accountability for judges who mistreat employees.

Furthermore, a federal public defender attempted to sue the federal judiciary for allegedly mishandling her sexual harassment complaint, further underscoring the ineffectiveness of self-policing by the third branch.

Given the lack of guardrails to prevent, discipline or redress judicial misconduct, these issues of sexual harassment, discrimination, bullying, abusive conduct and retaliation are pervasive in courthouses nationwide. Law clerks routinely signal that they have not and would not report misconduct to the federal judiciary, as they do not feel protected against retaliation. Worse still, they do not think their concerns will be taken seriously, so they too often suffer in silence.

Despite this pervasiveness, the foundational federal statutes — such as Title VII of the Civil Rights Act of 1964 — still do not apply to the judiciary, making it one of the only employers in the entire country whose employees are not protected by federal civil rights laws. This means that these employees cannot access legal remedies and seek financial recourse for harm to their career, reputation and future earning potential.

Simply put, federal judges are above the laws they interpret.

We are not strangers to these issues. They are personal to us both and we have dedicated our careers to fixing them: one of us by serving his constituents as the representative of Georgia’s 4th Congressional District, and before that as a magistrate judge and criminal defense attorney; the other by starting a nonprofit dedicated to providing support and resources to law clerks after experiencing harassment at the hands of the judge she clerked for in the D.C. Superior Court.

We come together to shed light on the fact that harassment in our federal courthouses is rarely shared publicly due to the culture of silence surrounding the judiciary. The enormous power disparity between law clerks and life-tenured federal judges makes it incredibly difficult to speak out.

Fortunately, there is a fix.

…harassment in our federal courthouses is rarely shared publicly due to the culture of silence surrounding the judiciary.

The Judiciary Accountability Act (JAA) would extend federal antidiscrimination protections to the more than 30,000 judicial branch employees, including law clerks and public defenders. Judges, the most powerful (and unaccountable) members of the legal profession, should be held to the highest ethical standards, not the lowest. And the antidiscrimination laws they interpret, which apply to all nonjudicial civilian government employees, should apply to them, too. The JAA is similar to the Congressional Accountability Actwhich extended these protections to Congress and its staff in 1995.

The JAA — which will be reintroduced in Congress this month by Rep. Johnson — is commonsense legislation that would align the federal judiciary with not just the rest of the federal government but with private sector workplaces as well. It would standardize the internal dispute resolution mechanisms (currently the only mode of redress for harassment) throughout the judiciary. It would revise the judicial complaint process so investigations against judges can continue even when a judge resigns, retires or passes away. Crucially, it would extend whistleblower retaliation protections to clerks who report misconduct, thereby encouraging more robust reporting.

And it would require the federal judiciary to finally collect and report data — to the public and to Congress. Quantifying the scope of these problems is the first step toward crafting effective solutions. The judiciary’s unnecessarily secretive and insular resistance to transparency is a red flag and must be remedied.

There has never been a better time to enact the JAA, as the judiciary continues to claim to “self-police,” yet scandal after scandal has shown the judicial branch cannot get its own house in order. The judiciary has repeatedly signaled a lack of concern for the well-being of employees, routinely claiming it has “robust reporting mechanisms.” Yet these mechanisms have failed to enact meaningful internal policies in the more than six years since notorious harasser Judge Alex Kozinski stepped down from the same circuit as Judge Kindred.

In the face of clear, repeated evidence of unaccountable judges committing egregious misconduct, Congress has the power and the duty to fix it and ensure judicial employees using their voices and bravely sharing their experiences do not do so in vain. Democrats and Republicans can unite behind this commonsense, nonpartisan legislation, as historically, judicial accountability has not been a partisan issue. Both Democratic and Republican judicial appointees harass their clerks, just as liberal and conservative clerks are mistreated by their powerful bosses, all without legal recourse.

Judges are uniquely unaccountable and immune from scrutiny. Simply put: There is no substitute for legislative action on this issue. Congress must step in and extend legal protections to the over 30,000 employees in our federal judiciary. These employees deserve safe and respectful workplaces, free from discrimination and harassment, and yet that’s not a commitment the judiciary can currently make in good faith to thousands of recent graduates embarking on federal clerkships this month.

It is the height of injustice that judiciary employees who support the daily functioning of our courts lack basic workplace protections. These protections are already provided to congressional and executive branch staff. Why should we continue to exempt our third branch of government?

Hank Johnson

Rep. Hank Johnson is a senior member of the House Judiciary Committee and ranking member of the Subcommittee on Courts. He has represented Georgia’s Fourth District since 2007.

Aliza Shatzman

Aliza Shatzman is president and founder of the Legal Accountability Project. She is an attorney and advocate based in Washington, D.C. who writes and speaks about judicial accountability, clerkships, and diversity in the courts.

Politics

Tammy Haddad on Barbra Streisand, Trump and DC’s A-List weekend

Published

5 hours ago

April 24, 2026

Blue Light Newsroom

Tammy Haddad on Barbra Streisand, Trump and DC’s A-List weekend

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Politics

He wants Muslims out of the U.S., and he’s Blakeman’s opener

Published

12 hours ago

April 23, 2026

Blue Light Newsroom

Tennessee Republican Rep. Andy Ogles will be receiving an award at the Metropolitan Republican Club's annual gala.

THE ISLAMAPHOBE & BLAKEMAN: As Nassau County Executive, Republican Bruce Blakeman has welcomed Muslim residents with open arms.

He’s eaten at their Ramadan Iftar dinners, appointed the first Muslim chaplain to the county’s police force and talked about the value of Muslims as Nassau County county residents and Americans.

But as he tries to win a statewide race for governor, Blakeman is now aligning himself with a leader of the anti-Muslim faction of the national GOP — and he’s not responding to questions about it.

On Friday night, Blakeman will appear with Rep. Andy Ogles — the Tennessee Republican who has led the effort in Washington to “denaturalize” and “deport” Mayor Zohran Mamdani — at the Metropolitan Republican Club’s annual gala.

“Muslims don’t belong in American society,” Ogles has said. He’s also called Mamdani “Little Muhammad” and claimed that “denaturalizations and deportations are the only way to save the Big Apple.”

Blakeman’s team declined to comment on Ogles’ past statements or the gubernatorial candidate’s upcoming appearance with the House member.

Blakeman will deliver the gala’s keynote speech, and Ogles will be honored with the club’s Ronald Reagan Award for the Advancement of Individual Liberty. Also on the list of featured attendees are former Mayor Rudy Giuliani, Council Member Vickie Paladino and former Nassau County Bridge Authority Commissioner and pro-Israel influencer Emily Austin. Tickets start at $321.

The event’s host, the Metropolitan Republican Club, is often seen as the more mainstream counterpart to the city’s far-right New York Young Republican Club. The statewide New York State Young Republicans disbanded last year after POLITICO uncovered a trove of racist, homophobic and antisemitic chats involving members of the organization and other Young Republican groups around the country.

Ogles spoke at the New York Young Republican Club’s gala in December, where he said “naturalized illegal immigrants are polluting our politics” and “the new right must have courage to deport them,” a reference to his call for Mamdani’s deportation.

Husein Yatabarry, executive director of the Muslim Community Network, told Playbook remarks like Ogles’ can have a “huge impact” on the state’s roughly 1.7 million Muslim residents as they consider whether to engage in state politics.

“It’s sad to see that a lot of politicians are leaning into xenophobia and Islamaphobia and not looking at Muslims as part of their community’s fabric, but looking at Muslims as a way to get the most rude and heinous people behind you as a candidate,” Yatabarry said.

Ogles, who wrote a letter to the Department of Justice in October asking for Mamdani to be denaturalized, did not respond to a request for comment. He faces his own political battle this year, as a Democratic mayor has found fundraising success while hoping to topple Ogles in his deep-red district. Federal authorities are also reportedly investigating Ogles for potential campaign finance violations.

On the campaign trail, Blakeman often touts his strong electoral performances in purple Nassau County when speaking of his electability statewide. He easily won reelection last year in what was otherwise a bleak year for Republicans in New York.

But his Friday night appearance won’t be the first time he’ll find himself alongside figures from the extreme corners of the GOP. Blakeman was the keynote speaker at an event honoring John Eastman, an attorney who was disbarred in California last week for his efforts to overturn the 2020 election. When Blakeman’s running mate, Madison County Sheriff Todd Hood, spoke at a Buffalo-area political club led by a man who called Mamdani “vermin,” the Nassau County executive didn’t seem to mind.

“Mayor Mamdani is a disgrace,” Blakeman said in a statement at the time. “He is anti-American, antisemitic, and anti-Cop.” — Jason Beeferman

FROM THE CAMPAIGN TRAIL

House Majority PAC did not announce any investments for advertisement in New York City as Democrats guard Reps. Tom Suozzi and Laura Gillen seats.

PAC IT UP: House Democrats’ biggest super PAC touted its “largest early investment” in the organization’s history, with a notable omission — New York.

House Majority PAC’s announcement earlier today of an initial $272 million spend on advertisements includes zilch in the notoriously expensive New York City media market, where Democrats are protecting Reps. Tom Suozzi and Laura Gillen on Long Island and attempting to flip Rep. Mike Lawler’s seat just north of the city in NY-17.

Democrats, fear not. Money is on the way, according to HMP.

“Today’s initial reservations prioritize markets where rates increase significantly and there will be more reservations to come,” the super PAC’s communications director CJ Warnke said in a statement. “HMP plans to invest heavily to flip districts like NJ-07 and NY-17.” (The NYC media market covers Republican Rep. Tom Kean in New Jersey’s 7th District as well.)

National Democratic groups are working from a much smaller electoral map in New York after flipping four seats two years ago. Last cycle, HMP’s initial reserve included $16 million in New York City and $5 million in markets further upstate.

Meanwhile, the Congressional Leadership Fund — the House GOP’s main super PAC — on Thursday also released its initial advertising reservations, which the group similarly described as its “largest ever.” That $153 million investment includes $18.6 million in New York City. CLF also said it is putting money into Albany ($2.1 million), Binghamton ($1.8 million) and Syracuse ($658,000), markets that cover Democratic Rep. Josh Riley’s district — another seat that Republicans have their eye on.

Last cycle, CLF’s initial reservation included $20 million in New York City and $8 million in markets elsewhere in the state.

“House Majority PAC isn’t even spending one dollar to defend vulnerable Dem members Tom Suozzi, Laura Gillen, Josh Riley & [New Jersey Rep.] Nellie Pou,” CLF spokesperson Lydia Hall said in a statement. “They’ve given up on these incumbents while funding other offensive fantasies across the country.” — Madison Fernandez

From the Capitol

The Trump administration's executive order reclassifies state-licensed medical marijuana as less dangerous.

SCHRÖDINGER’S CANNABIS: New York’s beleaguered medical cannabis program can breathe a sigh of relief today after the Trump administration rescheduled medical cannabis through an executive order. Overnight, they went from dealing in a Schedule I, federally illegal substance to one that has a pathway to federal regulation under Schedule III.

What does this do for New York’s medical cannabis producers? First off, they will no longer be subject to an onerous federal tax code that barred them from taking typical business deductions like employee salaries. And starting next week, they’ll be able to register with the Drug Enforcement Administration — a dramatic shift for an industry that was viewed by the federal government as illegal drug traffickers.

The cannabis industry in New York and beyond is cheering the move as normalizing medical use of the substance. While the order doesn’t immediately change the status of the state’s adult-use market, where anyone at least 21 years old can legally shop, it does signal that the administration will likely take steps to do so this summer.

Beyond that is where things get a little murky. “There are a lot more questions coming out of this order than there are answers,” said Katie Neer, a cannabis regulatory lawyer who represents the New York Medical Cannabis Industry Association.

It could make it easier for the cannabis industry to access financial services, though that remains to be seen. And it could draw more capital to New York’s medical cannabis operators, where there are 10 licensees that are not yet operational. It could also enable New York’s medical cannabis operators, who are under one of the strictest programs in the nation, to export their products.

“It creates a market across the world for New York’s pharmaceutical [cannabis] products … to be exported internationally,” said Adam Goers, senior vice president of corporate affairs for New York medical cannabis operator Columbia Care. In terms of interstate commerce? “We’ll see how that plays out.”

New York’s medical cannabis program launched in January 2016 with 10 licensed operators. Eight of those are still operational, and the state issued licenses to 11 new medical operators more recently.

For now, even as they welcome the federal shift, cannabis companies will be tasked with figuring out the confusing legal complexities moving forward. Some of New York’s medical marijuana businesses also sell products in the adult-use market, which creates a quandary when it comes to figuring out their taxes, and more.

“It’s Schrödinger’s cannabis, right?” said Mike Feldman, general counsel of Nabis, a cannabis distributor in New York. “It is sitting in a warehouse, and it is both Schedule I and Schedule III at the same time.” — Mona Zhang

TRAIN TROUBLES — A dispute between Amtrak and New York’s Metropolitan Transportation Authority threatens the full rollout of new Acela trains, Amtrak said in a lawsuit that represents the latest transit dispute between President Donald Trump’s and Gov. Kathy Hochul’s administrations.

The suit, filed in Manhattan federal court, asks a judge to order Metro-North to give Amtrak access to the tracks, Blue Light News Pro reports.

Amtrak said Metro-North is blocking its ability to test new trains because of a dispute between the two railways over liability for damage to an overhead power line that Metro-North blames on one of Amtrak’s NextGen Acela trains.

In a statement, MTA suggested Amtrak is trying to distract from another ongoing dispute where MTA says Amtrak is holding up expansion of commuter service to Penn Station.

In the lawsuit, Amtrak reveals an issue with its new Acela trains tangling with MTA infrastructure near a bridge in Westport, Connecticut during previous tests. Similar infrastructure problems — involving the interaction between overhead power lines and a train pole that draws energy from them — caused massive delays for commuters in New Jersey two summers ago. The Garden State and Amtrak were able to work through their issues; this lawsuit against New York suggests a broken relationship between Amtrak and Empire State officials. — Ry Rivard

IN OTHER NEWS

— BILLIONAIRE BLUES: Citadel CEO Ken Griffin suggested the hedge fund might halt its planned New York City expansion after Mamdani filmed a video at his Manhattan penthouse to announce a new tax on second-homes worth over $5 million. (The Wall Street Journal)

— DELAY NOW, PAY LATER: Mamdani’s team presented Hochul’s administration with a plan to delay pension fund payments in an effort to save at least $1 billion as New York City faces a multibillion-dollar budget gap. (The New York Times)

— ZONE OF INTEREST: Unions are meeting with Mamdani’s administration to push for a veto of the buffer zone bill, which keeps protesters away from schools and educational facilities, as the mayor’s decision deadline nears. (THE CITY)

Missed this morning’s New York Playbook? We forgive you. Read it here.