Dylan Hedtler-Gaudette, policy analyst at the Project On Government Oversight and Sarah Turberville, director of The Constitution Project at the Project On Government Oversight
The #MeToo movement has spurred a reckoning in Hollywood and on Capitol Hill, and now it’s time for the judiciary to step up and make sure our courts are a safe place to work.in the House about the sexual harassment she allegedly faced as a law clerk for 9th Circuit Court of Appeals Judge Stephen Reinhardt, who died in 2018. She lamented that she struggled to find a confidential way to communicate what happened to her and worried that reporting it could affect her future in the legal profession.
“The consequences of miscalculating the risk of possibly offending a judge are fraught with a peril that does not dissipate with time and can hang over one’s entire professional career,” Warren said in her prepared remarks. “For a law clerk, at the precipice of his or her legal career, alienating a federal judge can spell doom for their life in the law.”
Warren’s story exposes a major accountability gap in the federal judiciary: The very branch of government charged with enforcing federal discrimination and harassment laws does not police its own. Congress should step into this accountability void and change current laws to explicitly include law clerks and other judicial branch employees in workplace protection statutes.
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