By Jennifer C. Braceras
Friday, July 03, 2020
Our Founders sought to protect federal judges from the
whims of the mob by granting them life tenure, and making them removable only
through impeachment by the House and conviction by the Senate. But the mob has
its ways of exacting retribution even so.
The latest victim is Judge Cormac J. Carney of the U.S.
District Court for the Central District of California, which includes Los
Angeles. His crime? Referring to the court’s clerk, Kiry Gray, as
“street-smart.”
Gray is a 35-year employee of the court. In 2015, she
became the first black woman to serve as a clerk of court in the Ninth Circuit,
which covers the western part of the United States, including California. As
clerk, she is in charge of the day-to-day administration and operations of the
court.
Carney has been a federal judge in the nation’s largest
federal court since 2003. On June 1, he began a term as chief judge of the
court, a position with substantial management and oversight responsibilities
for the entire court, including the district judges, the magistrate judges, the
clerk’s office, and probation. The position requires a close working
relationship with the clerk.
In a webinar that took place eight days after he assumed
his duties as chief judge, Carney spoke to members of the California bar about
how he was adjusting to his new role. “Fortunately for me,” he reportedly said,
“we have just a fabulous clerk of the court in Kiry Gray. She’s so street-smart
and really knows her job.”
According to the L.A. Times, several court
staffers and attorneys were upset by the remark, which they interpreted as
having a “derogatory and racially insensitive layer.” Upon learning that some
people were calling for his removal, Carney says he spoke with Gray and
expressed frustration that “the people criticizing me were equating my
well-intended use of the term ‘street-smart’ with the reprehensible conduct of
a police officer putting his knee on a person’s neck.” On Friday, he publicly
apologized and announced that he would be stepping down as chief judge, though
he will remain a judge on the court.
Putting aside the interaction Carney had with Gray after
the webinar, it is clear that Carney intended his original statement as an
expression of high regard. Indeed, “street-smart” seems a perfectly appropriate
way to describe someone such as Gray, who, without a college degree, began as a
temp coding jury questionnaires at night, worked hard, learned fast, and,
ultimately, rose through the ranks to the highest administrative position in
the courthouse. In ordinary times, the comment would have been understood as
respectful.
But we do not live in ordinary times. We live in what
Andrew Sullivan warns is a “revolutionary moment,” one that requires almost
daily “public confessions of iniquity by those complicit in oppression.”
To our modern-day revolutionaries, that oppression comes
not just from restraints on liberty, but from ordinary words and phrases such
as “street-smart,” which they, in their infinite wisdom, designate as
offensive. These self-appointed language police then take their pound of flesh
from those unlucky enough to use the offending language.
Carney is now one of those victims, undone by an innocent
compliment. And, of course, he never saw the mob coming. How could he have
when, as Sullivan notes, the ground is constantly shifting, and “words that
were one day fine are now utterly reprehensible”?
Because our Founders had the foresight to give federal
judges life tenure, Carney will at least get to remain on the bench. But until
our nation’s leaders — and particularly those liberals who claim to embrace
Enlightenment principles and the free exchange of ideas — stand up and speak
out against the mob, no one will be safe from this American reign of terror.
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