Petition from Legal Leaders Urges Elected Officials to Stop
Responding to severely critical attacks on judges by members of congress, seventy-five percent of the deans from the nation’s law schools today issued a statement that they “strongly oppose” the recent threats of retaliation against federal judges for decisions they’ve made on the bench.
The deans’ statement said it is irresponsible and harmful to our constitutional system and to the value of a judiciary that is independent, in fact and appearance, when prominent individuals and members of Congress state or imply that judges may be impeached or otherwise punished because of their rulings.
The letter ends with an exhortation: “We urge them to stop.”
The letter was sparked by recent calls from some members of Congress for the impeachment of judges whose rulings they disapprove of.
Richard Revesz, dean of New York University School of Law and the organizer of the statement, said, “We all from time-to-time read of judicial decisions with which we disagree. But the independence of the judiciary is a critical component of the constitutional system, a cornerstone of the republic that the founding fathers envisioned. These attacks upon judges for properly doing their duty are profoundly misguided; if the public comes to believe that judges will make their decisions with an eye towards being evaluated according to some political gauge, respect for our legal system will be seriously undermined. The expectation of fairness and rule of law will be eroded, and the authority of the courts will diminish.
“Moreover, as these members of Congress know, it is an unfair fight: because judges are expected to comport themselves in a reserved and dispassionate manner at all times, it is difficult for judges to enter a political fracas and defend themselves effectively.
“Many of those serving in the Senate and the House of Representatives are lawyers. It is my hope that as a group, we deans who are charged with educating the members of the legal profession might have some influence on public opinion and on members of Congress.”
(A copy of the letter sent to Congress is below.)
STATEMENT BY LAW SCHOOL DEANS
Recent threats of retaliation against federal judges by members of Congress and others harm the rule of law and the important constitutional principle of separation of powers. We strongly oppose these threats of retaliation. Regardless of whether we agree or disagree with their opinions, we express our full support for judges who properly discharge their constitutional responsibilities by deciding the cases before them as they believe the law requires.
We recognize that Americans will often disagree, as do we, with particular judicial opinions. But the legislative and executive branches have constitutional means available to them to seek to alter the law as declared by the judiciary. An effort to use those means is part of our tradition of separation of powers and is entirely proper. But it is irresponsible and harmful to our constitutional system and to the value of a judiciary that is independent, in fact and appearance, when prominent individuals and members of Congress state or imply that judges may be impeached or otherwise punished because of their rulings. We urge them to stop.
This list of names includes their institutional affiliations for identification purposes only.
- Gail B. Agrawal, Interim Dean and Professor of Law, University of North Carolina School of Law
- Peter C. Alexander, Dean and Professor of Law, Southern Illinois University School of Law
- Hannah R. Arterian, Dean and Professor of Law, Syracuse University College of Law
- Thomas C. Arthur, Dean and Professor of Law, Emory University School of Law
- Richard B. Atkinson, Dean, University of Arkansas, Fayetteville, Leflar Law Center
- John B. Attanasio, Dean & William Hawley Atwel Professor of Constitutional Law, Dedman School of Law - Southern Methodist University
- Katharine T. Bartlett, Dean and A. Kenneth Pye Professor of Law, Duke University School of Law
- Terence L. Blackburn, Dean and Professor of Law, Michigan State University College of Law
- Patrick J. Borchers, Dean and Professor of Law, Creighton University School of Law
- Jeffrey Brand, Dean and Professor of Law, University of San Francisco School of Law
- Shelley Broderick, Dean and Professor of Law, University of the District of Columbia David A. Clarke School of Law
- Brian Bromberger, Dean and Professor of Law, Loyola University New Orleans School of Law
- David W. Burcham, Fritz B. Burns Dean and Professor of Law, Loyola Law School
- Donald L. Burnett, Dean and Foundation Professor of Law, University of Idaho College of Law
- Robert A. Butterworth, Dean, St. Thomas University School of Law
- Evan Caminker, Dean and Professor of Law, The University of Michigan Law School
- John L. Carroll, Dean and Ethel P. Malugen Professor of Law, Cumberland School of Law, Samford University
- Phillip J. Closius, Dean of the College of Law and Professor, University of Toledo College of Law
- Andrew M. Coats, Dean and Fenelon Boesche Chair of Law, University of Oklahoma College of Law
- Neil H. Cogan, Vice President and Dean, Whittier Law School
- Jay Conison, Dean and Professor of Law, Valparaiso University School of Law
- John J. Costonis, Chancellor and Judge Albert Tate, Jr. and Rosemary Neal Hawkland Professor of Law, Louisiana State University Law Center
- George A. Critchlow, Interim Dean, Associate Professor of Law and Director Clinical Law Program, Gonzaga University School of Law
- Catherine A. Cullem, Interim Dean and Professor of Law, The University of Tulsa College of Law
- W. Jeremy Davis, Dean and Professor of Law, Appalachian School of Law
- Samuel M. Davis, Dean, Professor, and Jamie L. Whitten Chair of Law and Government, University of Mississippi School of Law
- Kenneth B. Davis, Dean and George H. Young Chair, University of Wisconsin Law School
- Lawrence R. Dessem, Dean and Professor of Law, University of Missouri - Columbia School of Law
- Stuart Deutsch, Dean and Professor of Law, Rutgers, The State University of New Jersey School of Law - Newark
- A. Darby Dickerson, Vice President, Dean, and Professor of Law, Stetson University College of Law
- Allen K. Easley, President, Dean, and Professor of Law, William Mitchell College of Law
- E. Edwin Eck, Dean and Professor of Law, University of Montana School of Law
- Christopher Edley, Dean and Professor of Law, University of California, Berkeley School of Law
- John W. Fisher II, Dean and Professor of Law, West Virginia University College of Law
- Michael A. Fitts, Dean and Bernard G. Segal Professor of Law, University of Pennsylvania Law School
- William F. Fox, Dean and Professor of Law, The Catholic University of America, Columbus School of Law
- Stephen J. Friedman, Dean, Pace University School of Law
- Thomas C. Galligan, Jr, Dean and Elvin E. Overton Professor of Law, University of Tennessee College of Law
- Jon M. Garon, Dean and Professor of Law, Hamline University School of Law
- Arthur R. Gaudio, Dean and Professor of Law, Western New England College School of Law
- Diane C. Geraghty, Professor and Interim Dean, Loyola University Chicago School of Law
- Peter Goplerud. Dean and Professor of Law, Florida Coastal School of Law
- Mark C. Gordon, Dean and Professor of Law, University of Detroit Mercy School of Law
- Claudio Grossman, Dean and Raymond I. Geraldson Scholar in International and Humanitaritan Law, Washington College of Law, American University
- Thomas F. Guernsey, Dean, President and Professor, Albany Law School, Union University
- Jack A. Guttenberg, Dean and Professor of Law, Capital University Law School
- Lawrence K. Hellman, Dean and Professor of Law, Oklahoma City University School of Law
- David J. Herring, Dean and Professor of Law, University of Pittsburgh School of Law
- Patrick E. Hobbs, Dean and Professor of Law, Seton Hall University School of Law
- Gilbert A. Holmes, Dean and Professor of Law, University of Baltimore School of Law
- Dennis R. Honabach, Dean and Professor of Law, Washburn University School of Law
- James L. Huffman, Dean and Erskine Wood Sr. Professor of Law, Lewis and Clark Law School
- Walter B. Huffman, Dean and Professor of Law, Texas Tech University School of Law
- Joseph Richard Hurt, Dean and Professor of Law, Barry University-Dwayne O. Andreas School of Law
- John D. Hutson, Dean and President, Franklin Pierce Law Center
- John C. Jeffries, Dean and Emerson Spies Professor of Law, and Arnold H. Leon Professor of Law, University of Virginia School of Law
- Robert H. Jerry, II, Dean and Levin Mabie and Levin Professor of Law, Levin College of Law, The University of Florida
- Alex M. Johnson, Dean and William S. Pattee Professor of Law, University of Minnesota Law School
- Carolyn C. Jones, Dean and Wendell Miller Professor, University of Iowa College of Law
- Maryann Jones, Dean and President, Western State University College of Law
- Elena Kagan, Dean and Charles Hamilton Houston Professor of Law, Harvard Law School
- Mary Kay Kane, Chancellor and Dean, University of California, Hastings College of the Law
- Colleen A. Khoury, Dean and Professor of Law, University of Maine School of Law
- Laird Kirkpatrick, Knight Law Dean and Hershner Professor of Jurisprudence, University of Oregon School of Law
- Lisa A. Kloppenberg, Dean and Professor of Law, University of Dayton School of Law
- W.H. (“Joe”) Knight, Dean and Professor of Law, University of Washington School of Law
- Harold Hongju Koh, Dean and Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School
- Gerald Korngold, Dean and McCurdy Professor of Law, Case Western Reserve University School of Law
- Harold J. Krent, Dean and Professor of Law, Chicago-Kent College of Law, Illinois Institute of Technology
- Paul A. LeBel, Dean and Professor of Law, University of North Dakota School of Law
- Don LeDuc, President, Dean, and Professor of Law, Thomas M. Cooley Law School
- Jeffrey E. Lewis, Dean and Professor of Law, Saint Louis University School of Law
- David A. Logan, Dean and Professor of Law, Roger Williams University Ralph R. Papitto School of Law
- Dennis O. Lynch, Dean and Professor of Law, University of Miami School of Law
- Toni M. Massaro, Dean and Milton O. Riepe Chair in Constitutional Law, University of Arizona James E. Rogers College of Law
- Richard A. Matasar, Dean, President, and Professor of Law, New York Law School
- Scott M. Matheson, Jr., Dean and Professor of Law, University of Utah, S.J. Quinney College of Law
- Stephen R. McAllister, Dean and Professor of Law, University of Kansas School of Law
- Philip J. McConnaughay, Dean and Donald J. Farage Professor of Law, The Penn State Dickinson School of Law
- Patricia Mell, Dean and Professor of Law, John Marshall Law School
- Thomas M. Mengler, Dean and Ryan Chair in Law, University of St. Thomas School of Law
- Richard J. Morgan, Dean and Professor of Law, University of Nevada, Las Vegas, William S. Boyd School of Law
- Donna M. Nagy, Interim Dean and Charles Hartsock Professor of Law, University of Cincinnati College of Law
- Nell Jessup Newton, Dean and Professor of Law, University of Connecticut School of Law
- John F. O’Brien, Dean and Professor of Law, New England School of Law
- Nils Olsen, Dean and Professor of Law, State University of New York at Buffalo School of Law
- Maureen A. O’Rourke, Dean ad interim, Michaels Faculty Research Scholar, and Professor of Law, Boston University School of Law
- Elizabeth Rindskopf Parker, Dean, University of the Pacific McGeorge School of Law
- Jerry Parkinson, Dean and Professor of Law, University of Wyoming College of Law
- David F. Partlett, Vice President, Dean and Professor of Law, Washington and Lee University School of Law
- LeRoy Pernell, Dean and Professor of Law, Northern Illinois University College of Law
- Rex Perschbacher, Dean and Professor of Law, University of California, Davis School of Law
- Freddie Pitcher, Jr. (Judge Ret.), Chancellor, Southern University Law Center
- Donald J. Polden, Dean and Professor of Law, Santa Clara University School of Law
- Lawrence Ponoroff, Dean and Mitchell Franklin Professor of Law, Tulane University School of Law
- William C. Powers, Dean, John Jeffers Research Chair in Law, Hines H. Baker and Thelma Kelly Baker Chair, and University Distinguished Teaching Professor, The University of Texas School of Law
- Lawrence Raful, Dean, Touro College Jacob D. Fuchsberg Law Center
- Nancy B. Rapoport, Dean and Professor of Law, University of Houston Law Center
- Douglas E. Ray, Dean, Professor, and Vice President, Widener University School of Law
- Robert J. Reinstein, Dean, Vice President, and Professor of Law, Temple University, James E. Beasley School of Law
- Richard Revesz, Dean and Lawrence King Professor of Law, New York University School of Law
- Lauren K. Robel, Dean and Val Nolan Professor of Law, Indiana University School of Law - Bloomington
- Daniel B. Rodriguez, Dean and Professor of Law, University of San Diego School of Law
- Nancy H. Rogers, Dean and Michael E. Moritz Chair in Alternative Dispute Resolution, The Ohio State University Moritz College of Law
- Karen Rothenberg, Dean and Marjorie Cook Professor of Law, University of Maryland, School of Law
- Laura F. Rothstein, Dean and Professor of Law, University of Louisville, Louis D. Brandeis School of Law
- Edward Rubin, Dean Designate, Vanderbilt University Law School
- David Rudenstine, Dean, Yeshiva University, Benjamin N. Cardozo School of Law
- Bradley Saxton, Dean and Professor of Law, Quinnipiac University School of Law
- Suellyn Scarnecchia, Dean and Professor of Law, University of New Mexico School of Law
- Michael H. Schill, Dean and Professor of Law, University of California, Los Angeles School of Law
- David M. Schizer, Dean and Lucy G. Moses Professor of Law, Columbia University School of Law
- Stewart J. Schwab, Allan R. Tessler Dean and Professor of Law, Cornell Law School
- Joel Seligman, Dean and Ethan A. H. Shepley University Professor, Washington University School of Law
- Geoffrey B. Shields, President, Dean and Professor of Law, Vermont Law School
- Frederick G. Slabach, Dean and Professor of Law, Texas Wesleyan University School of Law
- Robert H. Smith, Dean and Professor of Law, Suffolk University Law School
- Rodney A. Smolla, Dean and Allen Professor of Law, The University of Richmond School of Law
- James R. Smoot, Dean and Professor of Law, University of Memphis Cecil C. Humphreys School of Law
- Aviam Soifer, Dean, University of Hawaii William S. Richardson School of Law
- Rayman L. Solomon, Dean and Professor of Law, Rutgers, The State University of New Jersey School of Law - Camden
- Emily Spieler, Dean and Hadley Professor of Law, Northeastern University School of Law
- Steven H. Steinglass, Dean and Professor of Law, Cleveland State University, Cleveland-Marshall College of Law
- Leonard P. Strickman, Dean and Professor of Law, Florida International University College of Law
- Ellen Y. Suni, Dean and Professor of Law, University of Missouri-Kansas City School of Law
- Symeon C. Symeonides, Dean and Professor of Law, Willamette University College of Law
- Anthony A. Tarr, Dean and Professor of Law, Indiana University School of Law - Indianapolis
- Leigh H. Taylor, Dean and Professor of Law, Southwestern University School of Law
- Kellye Testy, Dean, Seattle University School of Law
- Joseph Tomain, Dean Emeritus and Wilbert and Helen Ziegler Professor of Law, University of Cincinnati College of Law
- William M. Treanor, Dean and Professor of Law, Fordham University School of Law
- Kenneth J. Vandevelde, Dean and Professor of Law, Thomas Jefferson School of Law
- Allan W. Vestal, Dean and Professor of Law, University of Kentucky College of Law
- Barry R. Vickrey, Dean and Professor of Law, University of South Dakota School of Law
- David S. Walker, Dean and Dwight D. Opperman Distinguished Professor of Law, Drake University Law School
- Robert K. Walsh, Dean and Professor of Law, Wake Forest University School of Law
- Joan Wexler, Joseph Crea Dean and Professor of Law, Brooklyn Law School
- Patricia White, Dean and Professor of Law, Arizona State University College of Law
- Frederic White, Dean and Professor of Law, Golden Gate University School of Law
- Steven L. Willborn, Dean and Richard C. and Catherine Stuart Schmoker Professor, University of Nebraska College of Law
- Parham Williams, Vice President, Dean and Donald P. Kennedy Chair in Law, Chapman University School of Law
- Frank H. Wu, Dean and Professor of Law, Wayne State University Law School