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Judges shouldn’t be above the laws they interpret

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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.

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Senate panel backs party-line ICE, Border Patrol bill for floor action

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Canadians are folding on Vegas. Democrats see a royal flush.

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President Donald Trump’s trade war has driven Canadians from Las Vegas. Democrats think it will help them protect their Nevada battleground seats in November.

Last year, as Trump levied tariffs on Canada, visits from Canadians — who account for up to half of Las Vegas’ foreign tourism — dropped off by 17 percent. That played a large role in a 7.5 percent year-over-year decline in total tourist visits, making 2025 the worst non-pandemic year for Las Vegas since the city started tracking data in 1970. Now, as peak tourism season arrives in a battleground state where Republicans’ control of the House could be won or lost, Democrats are pushing voters to see the tourism slump as a direct impact of Trump’s levies.

“Trump instituted his reckless tariffs. In response, Canadians have literally boycotted traveling to America,” said Rep. Susie Lee (D-Nev.), whose Las Vegas-area seat is Republicans’ top target in the state. “That has had a significant impact on our tourism.”

Trump narrowly carried Lee’s district in 2024 and nearly won two other Vegas-area districts held by Democrats. Republicans are less bullish than they were a year ago about flipping the seats, but they view Lee’s as their best chance.

The races are a rare example of the international politics of tariffs — beyond their direct economic impact — playing a major role in an election. Unlike the upper Midwest or the Great Plains, Nevada doesn’t have a large manufacturing or agricultural sector jolted by the tariffs. Instead, the product most affected is the state’s Canadian visitors — who, on any given year, make up between 25 and 50 percent of Las Vegas’ foreign tourism market.

Spokespeople for the Republican National Committee and the National Republican Congressional Committee criticized Nevada’s Democratic congresspeople for voting against last year’s reconciliation bill, which included a “no tax on tips” provision. “If they actually cared about affordability, they wouldn’t have spent years making Nevada harder and more expensive to live in,” NRCC spokesperson Christian Martinez said.

Kush Desai, spokesperson for the White House, noted the “vast majority of Las Vegas tourists are Americans,” adding that the Trump administration “is focused on unleashing the historic job, wage, and economic growth that the American people experienced during President Trump’s first term with the President’s proven agenda of tax cuts, deregulation, and energy abundance.”

Many Canadians, incensed by Trump’s tariffs and his “51st state” taunts, have boycotted U.S. products and tourist destinations in retaliation. It coincides with an overall dropoff in Canadians’ view of their southern neighbor: According to a POLITICO Poll in February, a majority of Canadians now think the U.S. is an unreliable ally.

Even some Nevada Republicans acknowledge the problem. “The Canadians aren’t coming the way they were. Wonder why that is, huh?” Rep. Mark Amodei (R-Nev.), who isn’t running for reelection in his northern Nevada seat, said with a chuckle. “The communications for the tariff stuff was suboptimal.”

The dropoff in Canadian visitors played a role in stagnating a Las Vegas hospitality sector reliant on wealthy international visitors spending in the city’s casinos and hotels. A string of Las Vegas restaurants closed in recent months, some citing a downturn in visitors. And while employment has increased recently in the entertainment and recreation sectors, hiring in food and accommodation has been stagnant, according to Andrew Woods, an economist at the University of Nevada, Las Vegas.

The decline has been severe enough that local industry is taking dramatic steps to try to lure back lost business amidst an ongoing boycott from Canada. A group of Las Vegas resorts is offering to treat Canadian dollars at par with U.S. dollars, effectively a 30 percent discount, and hosting free concerts featuring Canadian artists. And the city’s tourism office recently launched a $3.5 million marketing campaign targeting Canadian visitors.

But it’s hard to overcome national patriotic fury with an ad campaign.

“Despite the efforts of our major operators in Las Vegas, the headwinds are coming from these external forces and the policies of this administration, and that’s what’s creating the economic uncertainty that we’re facing right now in Las Vegas,” said Rep. Steven Horsford (D-Nev.), whose district Trump lost by less than 3 points.

Overall tourist visits ticked up in February and March from those months the year earlier, offering a silver lining to the service industry. But the previous year of declining numbers created a deep hole to dig out of, said Ted Pappageorge, secretary/treasurer of the state’s powerful Culinary Union, which represents 60,000 cooks, roomkeepers and other hospitality workers in the state. If the low numbers continue, the union — which endorsed Democrats in all four of Nevada’s congressional races — is considering putting together relief efforts for its struggling members like it did during Covid, which included food, utility and rent assistance.

“If there’s anything like the reduction in visitation that happened last year, if that happens this year, then we’ll be in relief effort territory for our members,” said Pappageorge, noting “thousands and thousands of hours” have been cut for his union’s members this year due to reductions and restaurant closures.

Marty O’Donnell — the GOP front-runner to face Lee, who has the backing of Trump and the NRCC — was once skeptical of tariffs, but now says he “fully support(s)” the president’s trade policy.

“I’m now a convert, because what I see Donald Trump doing with tariffs is not something I ever anticipated,” O’Donnell said in an interview. “He uses it as a negotiating tool in a way that I never anticipated, and I actually love what he’s doing.”

O’Donnell said tariffs aren’t at the top of voters’ list of concerns. “I don’t hear anybody complaining about tariffs,” he said. “I just don’t think it’s an issue. I think there are way, way more important issues.”

One Nevada Republican strategist assisting multiple campaigns this cycle, granted anonymity to speak candidly about GOP strategy, admitted that Canadians were upset by Trump’s threats to make the country the “51st state” last year. But he and other Republicans pointed to an uptick in visitors in February and March. The strategist also noted the fact that Nevada added jobs at a faster rate than any other state in April, even though it has the nation’s third-highest unemployment rate. Those recent economic wins take the air out of Democrats’ attack, the strategist said.

“There are some bright spots,” O’Donnell senior adviser Keith Schipper said. “We’re talking about tariffs less so now than even six months, eight months ago.”

Republicans also point to the popularity of Republican Gov. Joe Lombardo, who they hope can win reelection in a tough environment and pull down-ballot candidates over the finish line. In a February poll, he was still viewed positively by a majority of Nevada voters even as Trump’s job approval dipped to 41 percent.

Not all economic indicators are dire, said Woods, the UNLV economist. The high-end hospitality sector is doing well, and an uptick in convention and business travelers has more than replaced the loss of Canadian tourists in numbers. “Canadian visitors, though, tend to stay longer and make Vegas their prime destination compared to other international tourists, which is good for our economy,” he said.

The local tourism drop lands on top of other economic concerns that are impacting everyone. A new CNN/SSRS poll conducted in late April and early May found that 77 percent of U.S. voters say Trump’s policies have increased the cost of living in their own community. And a surge in energy prices driven by the war in Iran led to inflation reaching its highest point in three years.

But Las Vegas is still an industry town. And with the main industry suffering, Democrats are banking on their races going their way.

“There’s a lot of service industry folks here, and so those folks are in the social circles in town,” said John Oceguera, the former Democratic speaker of the Nevada Assembly. “Whether you’re at a little league baseball game or a school event or whatnot, people are talking about that.”

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