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the bench in addition in many states the people vote for their judges so that periodic elections can remove embarrassments no so for federal judges their lifetime tenure and salary protection make them immune from effective discipline although congress can impeach for serious offenses a rarely used remedy unless the federal government convicts the judge of a felony even then the judge remains a judge and collects his salary while serving time in prison until the house impeaches and the senate removes the federal judge the framers of our constitution gave federal judges lifetime tenure and salary protection to to make judges independent not to authorize them to act with gay abandon some judges do not understand that when they ascend to the bench they are supposed to leave their politics behind let us consider district judge richard kopf of the district of nebraska he wrote a blog he calls hercules and the umpire in burwell v hobby lobby stores inc 2014 the supreme court held that a regulation of health and human services could not force hobby lobby to pay for abortifacients to give to its employees congress could pay for the abortifacients if it chose to do so there would be no constitutional problem with that indeed congress could distribute free abortifacients on vending machines each street corner but congress actually in this case the secretary of hhs could not force one private party to pay for another s abortion that violated a federal statute directly on point the decision protected the religious liberties of the employer judge kopf published his analysis of this decision in is blog it was pithy as the kids say it is time for the court to stfu where he prints stfu he added a hyperlink to the urban dictionary helpfully explaining to the reader what stfu means all in all for that one posting one sees the term stfu 64 times kopf says that the majority decided as they did because they are catholics kopf by the way compares his own legal analysis to that of the late professor alexander bickel of yale whose writing is more eloquent judge kopf s blog gave him 15 minutes of fame in the popular press with an article in the huffington post and a few other places about his language not content with just 15 minutes he later decided to attack senator cruz on july 6 2015 judge kopf told us senator ted cruz is not fit to be president i hold no brief for senator cruz i do wonder however why federal judges who are supposed to leave their politics behind when they assume the bench would signify their disapproval rebuke or endorsement of any presidential candidate if judge kopf wondered whether it was ethically proper to give his official seal of approval or disapproval to a presidential candidate he was not cast adrift with no navigational aids the administrative office of the u s courts publishes is code of conduct for u s judges the very first sentence provides federal judges must abide by the code of conduct for united states judges a set of ethical principles and guidelines adopted by the judicial conference of the united states the title of canon 5 provides in bold letters no less a judge should refrain from political activity canon 5a 2 states and a judge should not make speeches for a political organization or candidate or publicly endorse or oppose a candidate for public office emphasis added that sentence is not difficult to understand the administrative conference also provides ethics opinions to explain further what is not permitted the committee on codes of conduct advisory opinion no 19 june 2009 explains that canon 5a 2 is so strict that the judge should resign membership in a political club advocating and maintaining the principles of any political party even though the judge does not actively participate in the club in case one wonders what about senator cruz so irked judge kopf to proclaim his public opposition to cruz s candidacy kopf who concedes that he should not be handing out such pronouncements tells us in no uncertain terms as a federal judge i am duty bound not to play politics however when a politician makes an extreme proposal emphasis added to amend the constitution and fundamentally alter and harm the federal judiciary and the supreme court i have the right as a federal judge and dare i say the duty to respond to the proposal senator and presidential candidate ted cruz has recently stated i am proposing an amendment to the united states constitution that would subject the justices of the supreme court to periodic judicial retention elections every justice beginning with the second national election after his or her appointment will answer to the american people and the states in a retention election every eight years those justices deemed unfit for retention by both a majority of the american people as a whole and by majorities of the electorates in at least half of the 50 states will be removed from office and disqualified from future service on the court because cruz is serious about this extreme proposal cruz is demonstrably unfit to become president judge kopf actually claims that he did not label senator cruz unfit to serve in order to oppose his candidacy kopf could have fooled me i thought that if you say that cruz is not fit to become president that means that you oppose his election to that office no says judge kopf who claims he made his statement rather to demolish sic and protect us all from his intemperate legal attacks on the supreme court whether one thinks that the idea of having term limits for judges is a bad idea or a good one a proposal for a constitutional amendment is hardly an intemperate attack or an extreme proposal in 2009 professor paul carrington of duke university urged congress to consider term limits for supreme court justices last october dean erwin chemerinsky of the university of california irvine said i do believe there should be term limits for supreme court justices he presents his arguments in his article ted cruz is right the supreme court needs term limits was that yet another extreme proposal or an intemperate attack on the supreme court chemerinsky argues that judicial elections are not the answer instead he proposes that each justice should be appointed for an 18 year non renewable term thus creating a vacancy every two years he develops this idea in one of his recent books linda greenhouse has also proposed 18 year terms polls show that a large majority of americans without regard to party support some sort of term limits for u s supreme court justices last june the supreme court ruled held that there is a constitutional right to same sex marriage nationwide a result that drew popular support and that it would reject another challenge to president barack obama s healthcare law which does not enjoy such widespread support a month after those two cases a reuters ipsos poll showed that the people in general favor term limits for justices 66 percent of democrats 74 percent of republicans and 68 percent of independents all favored the 10 year term limit for justices are two thirds of democrats intemperate because they want limits on supreme court justices that are stricter that what cruz proposed judge kopf no longer updates his blog he shut it down on july 9 2015 i am today pulling the plug three days after he told us that cruz is unfit to be president his pages are still available on the web but he no longer updates why he says that it is not because of any judicial discipline and anyway any discipline complaint would not discourage me from blogging he adds in addition i am not pulling the plug because of any mental or emotional struggles or treatment instead i am pulling the plug because i learned a couple of hours ago about a discussion held at a retreat for our employees what did he learn the chief judge asked how many of the employees felt the blog had become an embarrassment to our court the great majority raised their hands emphasis added that is why he is pulling the plug he is an embarrassment to the federal courts posted in abuse government issues law police state politics tagged behavior imprudent injudicious judges leave a comment august 10 2015 by dmbuteau higher education and teaching english ronald d rotunda aug 8 2015 censored speech when colleges are teaching english these days they are not talking about the novels of faulkner or the drama of shakespeare instead they are instructing the professors and students to avoid microaggressions and to give trigger warnings professors routinely defend tenure as a means of protecting academic freedom universities after all are supposed to be thriving centers of free speech the problem is the many universities instead are striving to teach their students and faculty that the last thing they should do is express a contrary view the politically correct term is microaggression a new word that the oxford english dictionary has not yet added but may do so unless adding that word is itself a microaggression the word has been around for decades first coined in 1970 but only recently has it become a buzzword it refers to verbal behavioral or environmental indignities even unintentional that someone might perceive as a slight plug it into google and you will get about 214 000 hits plug in micro aggression and you are over 700 000 hits what are some microaggressions the university of wisconsin stevens point has helpfully included a list to guide its students and professors about what not to say for example let us say a professor tells a student in a class on rhetoric you are so articulate that s a microaggression yes it is you may be able to get away with telling the white student in the rhetoric class that she has performed well and is articulate but you are looking for trouble if you say that to a nonwhite student the university of wisconsin solemnly informs us what if an asian student says to the teacher you only call the white students articulate why don t you ever praise an asian well the administration at the university of wisconsin never gets around to answering that one how about this you re in a history class or a civics class and you hear a student or teacher says america is a melting pot that is another no no it really means that people in this country assimilate and that is apparently very bad what if you pull out a dollar bill and read part of the great seal of the united states e pluribus unum that means out of many one that sounds a lot like america is a melting pot yet wisconsin does not list that one as a microaggression perhaps those who make up the list don t understand latin suppose someone says i think my friend will get the job because his father is a friend of the employer another person responds i believe the most qualified person should get the job that is yet another no no according to the university of wisconsin stevens point an example of an environmental microaggression occurs if a college or university has buildings named after white heterosexual upper class males that one is really a hoot first one should not be surprised that college buildings are names after donors if we have heard of the donor we may know that the donor is male and rich we usually don t know their sexual orientation perhaps because they think what they do in the bedroom is not anyone else s business in any event it is still a bit surprising for the university of wisconsin to object to buildings named after donors all it has to do is refuse the money or return it and change the name of the building wisconsin also objects to an o verabundance of liquor stores in communities of color it does not tell us what overabundance means but we do know that it offers no objection to an overabundance of liquor stores in communities with a large college population the university of california the home of the free speech movement not to be outdone has now published its own list of microaggressions some parrot the wisconsin list others do not for example california thinks it is a microaggression being forced to choose male or female when completing basic forms the university s graduates will have trouble filling out census forms california however does seem to understand that it should not insult its donors although it recognizes that microaggressions include environmental slights snubs it lists none apparently california will not be returning any donors money or changing the names of its buildings the university of california assures us that it will embark on an intensive training program on the topic for its faculty and administrators one wonders whether colleges should instead use their limited resources to focus on other issues such as making sure that their expensive college degrees are worth something on the job market trigger warning is another buzz word type that into google and you get nearly a half million hits we are told that you should warn people if you are going to discuss an eating disorder like microaggression trigger warning is an invitation to squelch debate and free speech when we go through life we will often run into discussions that describe things we do not like if this is a private conversation we can tell the other person to stop and polite people will do so however if someone is giving a speech or talking to a group we have to realize that the supreme court has often said that free speech should be robust and that we protect speech that is meant to upset the hearer the american association of university professors committee on academic freedom recently approved a report that warns about trigger warnings as it explains a current threat to academic freedom in the classroom comes from a demand that teachers provide warnings in advance if assigned material contains anything that might trigger difficult emotional responses for students many examples abound where universities enact or propose to enact rules that seek to shield people from life oberlin college announced a policy now tabled that told its faculty to r emove triggering material when it does not contribute directly to the course learning goals consider the novel things fall apart by chinua achebe this 1958 book is widely described as the archetypal modern african novel in english one of the first to receive global critical acclaim it is a staple book in schools throughout africa and is widely read and studied in english speaking countries around the world oberlin however advised that this novel might trigger readers who have experienced racism colonialism religious persecution violence suicide and more that s right students in schools throughout africa reach this novel but oberlin is concerned that it should come with a warning label because students in the united states may have experienced colonialism yet the students living in africa a continent that the west colonized for many decades do not need this trigger warning wellesley college students objected to a sculpture of a man in his underwear because it might be a source of triggering thou...
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