https://www.nationalreview.com/2022/09/exclusive-federal-judge-vows-to-stop-hiring-law-clerks-from-yale-law-school/
Judge James C. Ho of the U.S. Court of Appeals for the 5th Circuit announced
Thursday that he would no longer be hiring law clerks from Yale Law School and
urged other judges to follow suit. In a keynote address to the Kentucky
Chapters Conference of the Federalist Society, titled "Agreeing to Disagree--
Restoring America by Resisting Cancel Culture", Ho cited a number of
high-profile examples of speakers being shouted down or otherwise censored at
law schools across the country but singled out Yale Law as "one particular law
school where cancellations and disruptions seem to occur with special
frequency”.
"Yale not only tolerates the cancellation of views-- it actively practices
it,” Ho said, according to prepared remarks exclusively obtained by National
Review. “Starting today, I will no longer hire law clerks from Yale Law
School. And I hope that other judges will join me as well.”
Ho has made waves in the past for his outspoken criticisms of left-wing campus
culture. In February, in the wake of Georgetown Law's suspension of Ilya
Shapiro, the judge surprised the audience at a Federalist Society-organized
event on Georgetown Law's campus by giving a resounding defense of Shapiro
during a speech that was initially intended to be about originalism. At the
time, Ho acknowledged that he was scheduled to talk about originalism but said
he'd "decided... to spend my time today talking about Ilya Shapiro". In those
remarks, which garnered significant public attention, Ho delivered blistering
criticism of the campus attitudes that had led to Shapiro's ouster, arguing
that "cancel culture is not just antithetical to our constitutional culture
and our American culture", but "to the very legal system that each of you
seeks to join", and declared: "If Ilya Shapiro is deserving of cancellation,
then you should go ahead and cancel me, too."
Ho's half-hour address to the Kentucky Federalist Society conference sounded
similar notes, arguing that "all too often, law schools appear to be run by
the mob-- whether out of sympathy or spinelessness." ("Colleges aren't
teaching students how to agree to disagree," he said. "They're teaching
students how to destroy. And then they're launching them into the world.") He
cited numerous examples, including Shapiro's suspension at Georgetown, the
shouting-down of law professor and author Josh Blackman at City University of
New York School of Law in 2018, and the "similar dynamics during law school
talks faced by Judges David Stras and Patrick Bumatay of the 8th and 9th
Circuits."
The bigger problem, Ho worried, was that "our whole country has now become a
campus":
"With academic trends trickling out into mainstream American society, he
argued, cancel culture now plagues a wide variety of institutions. I've
written judicial opinions noting how cancel culture has infected our
educational institutions, the legal profession, corporate America, and public
health-- and how even the criminal justice system has been weaponized to
cancel disfavored political viewpoints. Cancel culture is also deeply embedded
in journalism, entertainment, sports, and the arts.
"The consequences for America are significant. I would contend that cancel
culture is one of the leading reasons why citizens no longer trust a wide
variety of once-leading institutions. It turns out that when elite
institutions make clear that people who think like you and me shouldn't even
exist, we return the favor."
After discussing the various examples of attempts to silence dissident voices
on law-school campuses across the country, Ho zeroed in on the specific
instances of cancel culture at Yale Law. Judge Bill Pryor "was disrupted by
loud angry law students in the classroom; Kristen Waggoner of the Alliance
Defending Freedom and Monica Miller of the American Humanist Association faced
a disruption that became so intense the police officers present at the event
had to call for backup and escort the panelists out of the building and into a
squad car, while the associate dean, who was present throughout the entire
event, did nothing; and Yale administrators threatened to destroy the career
of a law student [who] sent an invitation for a party that referred to his
apartment as a ‘trap house’ if the student didn’t apologize, telling him his
membership in the Federalist Society was 'very triggering for students'."
“It turns out that when elite law schools like Yale teach their students that
there are no consequences to their intolerance and illiberalism," Ho said,
"the message sticks with them."
The first way to fight back against these trends, Ho argued, is "to speak out
against cancel culture as citizens. We can stand up for free speech, for open
and rigorous debate, and for tolerance of opposing viewpoints. But that alone
isn’t enough: We’re not just citizens. We're also customers. Customers can
boycott entities that practice cancel culture... I wonder how a law school
would feel if my fellow federal judges and I stopped being its customers.
Instead of millions of customers, there are only 179 authorized federal
circuit judgeships and 677 authorized federal district judgeships."
Refusing to hire law clerks from Yale would strike at the heart of the
illiberal culture in the nation's premier legal institutions, Ho argued: "Yale
presents itself as the best, most elite institution of legal education. Yet
it's the worst when it comes to legal cancellation. The school sets the tone
for other law schools and for the legal profession at large. I certainly
reserve the right to add other schools in the future, but my sincere hope is
that I won’t have to. My sincere hope is that, if nothing else, my colleagues
and I will at least send the message that other schools should not follow in
Yale's footsteps."
Ho's message to law schools was clear: "If they want the closed and intolerant
environment that Yale embraces today, that's their call, but I want nothing to
do with it."