Earlier this week, 25 federal law clerks took the unprecedented step of issuing a public statement decrying the restrictions imposed by the judiciary that prevent them from speaking out on political issues. This statement, published anonymously, addresses the ongoing war between Israel and Hamas in Gaza, criticizing what they characterize as the U.S. government’s “complicity” in what they describe as genocide against Palestinians.
The statement was published by Balls & Strikes, a court news and commentary site, in collaboration with Demand Justice, a progressive legal advocacy organization. Jay Willis, the editor-in-chief of Balls & Strikes, confirmed the identities of the clerks but published their statement anonymously to protect their jobs.
“Although the rules of the judiciary prevent us from publicly advocating at this time, we write this letter as a small gesture of our love and solidarity,” the clerks wrote. The clerks highlight their forced role as “passive observers” of the conflict due to the judiciary’s strict ethics rules.
Inspiration for this statement appears to have come from recent actions by federal judges, such as an enacted hiring ban on Columbia University students following anti-war protests. Additionally, the clerks referenced a trip by 14 judges to Israel, where they met with government officials and soldiers, as another catalyst. “In that spirit, we, too, would like to bear witness: to the ongoing genocide in Gaza; to our government’s complicity in that genocide; and to the bravery of those resisting state-sanctioned violence to call for a free Palestine,” the clerks wrote.
This rare moment of defiance among federal law clerks comes after warnings from their judges against engaging in protest activities or making public comments related to the war. “Some of us were even advised against discussing the conflict in our family group chats,” notes their statement, out of concern that their words could be interpreted as representing the court’s opinion.
For more detailed information, see the full report by Reuters. The full statement by the clerks can be read at Balls & Strikes.