#judiciary

1981 and nothing has changed

In 1985, President Ronald Reagan appointed me as a federal judge. I was 38 years old. At the time, I looked forward to serving for the rest of my life. However, I resigned Friday, relinquishing that lifetime appointment and giving up the opportunity for public service that I have loved. My reason is simple: I no longer can bear to be restrained by what judges can say publicly or do outside the courtroom. President Donald Trump is using the law for partisan purposes, targeting his adversaries while sparing his friends and donors from investigation, prosecution, and possible punishment. This is contrary to everything that I have stood for in my more than 50 years in the Department of Justice and on the bench. The White House’s assault on the rule of law is so deeply disturbing to me that I feel compelled to speak out. Silence, for me, is now intolerable. When I accepted the nomination to serve on the U.S. District Court in Massachusetts, I took pride in becoming part of a federal judiciary that works to make our country’s ideal of equal justice under law a reality. A judiciary that helps protect our democracy. That has the authority and responsibility to hold elected officials to the limits of the power delegated to them by the people. That strives to ensure that the rights of minority groups, no matter how they are viewed byothers, are not violated. That can serve as a check on corruption to prevent public officials from unlawfully enriching themselves. Becoming a federal judge was an ideal opportunity to extend a noble tradition that I had been educated by experience to treasure. My public service began in 1974, near the end of Richard Nixon’s presidency, at a time of dishonor for the Department of Justice. Nixon’s first attorney general, John Mitchell, who had also been the president’s campaign manager, later went to prison for his role in the break-in at the Democratic headquarters at the Watergate complex and for perjury in attempting to cover up that crime. [...] I decided all of my cases based on the facts and the law, without regard to politics, popularity, or my personal preferences. That is how justice is supposed to be administered—equally for everyone, without fear or favor. This is the opposite of what is happening now. As I watched in dismay and disgust from my position on the bench, I came to feel deeply uncomfortable operating under the necessary ethical rules that muzzle judges’ public statements and restrict their activities. Day after day, I observed in silence as President Trump, his aides, and his allies dismantled so much of what I dedicated my life to. When I became a senior judge in 2013, my successor was appointed, so my resignation will not create a vacancy to be filled by the president. My colleagues on the United States District Court in Massachusetts and judges on the lower federal courts throughout the country are admirably deciding a variety of cases generated by Trump’s many executive orders and other unprecedented actions. However, the Supreme Court has repeatedly removed the temporary restraints imposed on those actions by lower courts in deciding emergency motions on its “shadow docket” with little, if any, explanation. I doubt that if I remained a judge I would fare any better than my colleagues. Others who have held positions of authority, including former federal judges and ambassadors, have been opposing this government’s efforts to undermine the principled, impartial administration of justice and distort the free and fair functioning of American democracy. They have urged me to work with them. As much as I have treasured being a judge, I can now think of nothing more important than joining them, and doing everything in my power to combat today’s existential threat to democracy and the rule of law. [...] I resigned in order to speak out, support litigation, and work with other individuals and organizations dedicated to protecting the rule of law and American democracy. I also intend to advocate for the judges who cannot speak publicly for themselves.