A Loophole For Sexual Harassers In The U.S. Judiciary

Alex Kozinski on The Dating Game in 2006.

An upcoming book chronicles a loophole that allows federal judges to not only evade accountability for sexual harassment and bullying but to go on to enjoy a full salary for life and future professional acclaim.

Martha C. Nussbaum, in Citadels of Pride, to be published May 11 by W. W. Norton & Co., explores the tainted career of a former appellate judge who was celebrated for his brilliance, Alex Kozinski, a one-time chief judge of the U.S. Court of Appeals for the Ninth Circuit in San Francisco.

Nussbaum, a professor of law and ethics at the University of Chicago, says the Kozinski case shows the “structural weaknesses” of judicial codes of conduct. “E]van an egregious abuser can survive for twenty years if he is bright, flamboyant, well-connected and shameless,” she writes.

The loophole that worked for Kozinski – and others – is that he was permitted to resign in 2017 after more than a dozen women accused him of sexual harassment. Because he was retired, he was eligible to receive his pension – which was his full salary – for the rest of his life.

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