SCOOP: 12 federal judges say they are no longer hiring clerks from Yale Law School, citing a slew of scandals that they say have undermined free speech and intellectual diversity.
In addition to Fifth Circuit judge James Ho, who announced on Thursday that he would no longer hire law clerks from the nation’s top-ranked law school, 12 federal judges—both circuit and district court jurists—told the Washington Free Beacon they are joining the boycott.
"Students should be mindful that they will face diminished opportunities if they go to Yale," said a prominent circuit court judge, whose clerks have gone on to nab Supreme Court clerkships. "I have no confidence that they’re being taught anything."
With one exception, the judges made clear this is a policy they are imposing on future—not current—Yale Law School students.
In other words, the boycott will only affect students who choose Yale Law in spite of it, and in full knowledge of the school’s many scandals.
If the boycott catches on among other right-leaning judges, it could deal a serious blow to Yale Law School, which has maintained the top spot in the U.S. News and World Report rankings since the publication began ranking law schools in the 1980s.
Clerkships, particularly on the federal bench, are coveted jobs in the legal profession, and many students choose Yale over other elite law schools because its graduates have historically had the best shot of clerking for prominent judges.
A boycott could change that calculus, forcing Yale administrators to rein in activist students and colleagues if they want to keep attracting the best and brightest—and if they want to maintain even a fig leaf of ideological diversity.
The judges joining the boycott, all of whom requested anonymity in order to speak freely, cited a series of incidents where they say free speech has come under attack at Yale Law, starting with Trap house-gate in September 2021. freebeacon.com/campus/a-yale-…
During that episode, the law school’s diversity director Yaseen Eldik, described a second year law student’s membership in the conservative Federalist Society as "triggering," according to leaked audio obtained by the Free Beacon.
Then in March, over a hundred Yale Law students disrupted a bipartisan panel on civil liberties, causing so much chaos that police were called to escort speakers to safety. freebeacon.com/campus/hundred…
Though the disruption was a facial violation of Yale’s free speech policies, Yale Law School dean Heather Gerken ruled out disciplinary action for the protesters. freebeacon.com/campus/yale-la…
She even denied that the students had transgressed any formal policy, a move that sparked blowback from her colleague, Kate Stith, who warned that Gerken was setting a "terrible precedent." freebeacon.com/campus/yale-la…
Another circuit court judge—a top "feeder" for Supreme Court clerkships—said he was "torn" on whether to participate in the boycott, but that the case for it had "gotten stronger" over the past year.
"I’ve hired a bunch of great Yale Law clerks," the judge said. But "at some point, the institution becomes so worthless and degenerate that you wonder what conservative would want to be a part of it."
While the official boycott marks a deepening of the ideological warfare between Yale Law and its critics, concerns about the school’s atmosphere have been percolating in the judiciary for years.
Some judges already shy away from hiring from Yale School, a circuit court judge said, due to what they see as an echo chamber that retards "intellectual growth."
Several judges noted that Yale is the only elite law school that does not employ a single prominent conservative scholar, which they argued had made it more susceptible to groupthink.
"It is hard for me to see how one can get a rigorous, well-rounded education in that environment," one district judge said. "And that is a concern when it comes to hiring law clerks."
The law school’s ideological monoculture also poses a problem for vetting clerkship applicants, some judges said, because there are simply no professors whom they trust to recommend conservative clerks.
The feeder judge told the Free Beacon that he had long relied on Amy Chua, a left-leaning but heterodox Yale Law professor, for recommendations, but that the law school has made it a "speech and thought crime" for students to associate with her.
Gerken stripped Chua of some of her teaching privileges in the spring of 2021 after student complaints that she had hosted dinner parties in violation of the school’s COVID restrictions. theatlantic.com/ideas/archive/…
Law school administrators then pressured two law students to file a formal complaint against her, according to a lawsuit filed against the Ivy League school, which alleges that Cosgrove and Eldik retaliated against them when they refused. freebeacon.com/campus/yale-la…
With or without a boycott, Chua’s sidelining "will make it harder for me" to hire Yale Law clerks, the feeder judge said. "I don’t know how many I’ll keep hiring."
• • •
Missing some Tweet in this thread? You can try to
force a refresh
NEW: The federal district court of Rhode Island is slated to host a panel on critical race theory as a "resource" to "transform" the judiciary, the latest sign that a once-obscure legal theory has become mainstream among judges and lawyers.
The panel, "Critical Race Theory: What It Is And What It Is Not," will take place in October during the court's 2022 conference, "Racial and Social Justice in the Federal Courts."
Featuring three law professors, the session will "help us understand and transform the relationship between race and power through our work as attorneys and judges," according to the conference agenda. rid.uscourts.gov/sites/rid/file…
SCOOP: House Republicans are investigating the Department of Education's dispersal of federal funds to academic institutions that "suppress free speech," according to a letter from Rep. James Comer (R., Ky.) and Rep. Virginia Foxx (R., N.C.). freebeacon.com/campus/house-r…
The House Committee on Oversight and Reform (of which Comer is the ranking member) is requesting a briefing on what steps—"if any"—the department has taken to safeguard academic freedom on campus. freebeacon.com/wp-content/upl…
The letter rattles off a string of cases in which taxpayers have indirectly footed the bill for censorship—including the $620 million the Education Department sent to Yale University, where administrators investigated a law student for using the term "trap house" in an email.
NEW: Less than a week after Pfizer was hit with a lawsuit over a fellowship program that excludes whites and Asians, shareholders are demanding that the company scrap a spate of race-conscious policies that they say put it at risk of further litigation.🧵
The lawsuit was filed on September 15. In an open letter to Pfizer executives last Monday, shareholders alleged that the program is just one of several policies that invite a "pandora’s box" of civil rights complaints.
Pfizer appears to require that a fourth of Pfizer directors "identify as ethnically diverse," according to the company’s ESG reports and corporate governance principles.
NEW: A Starbucks shareholder is suing the company’s top executives over a host of race-conscious policies that the lawsuit says violate civil rights law and, by exposing the company to costly litigation, threaten the value of its shares. 🧵
The policies—all of which are advertised on the coffee giant’s website—include $1.5 billion set aside for "diverse suppliers" and a compensation scheme that ties executive pay to "BIPOC representation" at the company, for which Starbucks has set numerical targets.
The corporation also runs a "Leadership Accelerator Program" that is available only to minority employees, as well as a program that reserves 15 percent of Starbucks’s advertising budget for minority-owned media companies.
NEW: The largest public university in the United States is reserving faculty positions based on race and making six-figure bonuses available exclusively to minorities, programs that are now the subject of a class action lawsuit.
🧵 freebeacon.com/campus/nations…
As part of a new initiative to attract "faculty of color," Texas A&M University set aside $2 million in July to be spent on bonuses for "hires from underrepresented minority groups," according to a memo from the university's office of diversity. wordpress.aflegal.org/wp-content/upl…
The max bonus is $100,000, and eligible minority groups are defined by the university to include "African Americans, Hispanic/Latino Americans, Native Americans, Alaskan Natives, and Native Hawaiians."
NEW: Google has scrapped the diversity requirements for its PhD Fellowship after prominent civil rights lawyers told the Free Beacon that the criteria were illegal.
A Google spokesperson said the change was meant to "clarify our nomination criteria.”
Google initially insisted its nominating criteria for the Google Ph.D. Fellowship were legal, describing them as "extremely common" and maintaining that they followed "all relevant laws." Since then, however, the tech giant has replaced its diversity mandates with suggestions.
"If more than two students are nominated," the new nominating criteria state, "we strongly encourage additional nominees who self-identify as a woman, Black / African descent, Hispanic / Latino / Latinx, Indigenous, and/or a person with a disability."