On Saturday, September 14, 2024, Reuters reported that a federal judge in North Dakota, U.S. District Judge Daniel Traynor, has declined to recuse himself from a lawsuit involving protests linked to the Dakota Access oil pipeline. This decision came after Judge Traynor and 12 other judges publicly announced their intention to boycott hiring law clerks from Columbia Law School, citing concerns over the school’s handling of recent pro-Palestinian demonstrations.
The controversy surrounds a case brought forth by current and former faculty members of Columbia Law School, which pertains to allegations regarding the closure of a highway during protests against the Dakota Access pipeline in 2016 and 2017. The plaintiffs argue that the highway closure significantly impeded travel and violated their rights to free speech and religious expression.
In a motion filed on September 12, lawyers associated with Columbia Law School’s Initiative for a Just Society argued that Judge Traynor’s participation in the case posed a conflict of interest. They claimed that his public boycott of Columbia graduates indicated a lack of impartiality, particularly in a case represented by Columbia faculty. The lawyers contended that “a reasonable observer would harbor doubts” about Judge Traynor’s ability to provide an unbiased ruling in this matter.
The judges’ boycott was a reaction to what they termed an “incubator of bigotry” atmosphere at Columbia’s New York campus during protests related to the ongoing conflict in Gaza. Judge Traynor, along with the other judges, expressed their concerns over the treatment of Jewish students during these demonstrations.
In his ruling, Judge Traynor stated that a reasonable person familiar with the circumstances would not perceive any bias in his ability to adjudicate the case. He clarified that his letter, which announced the boycott, was directed at Columbia’s administration and was a response to violence and harassment experienced by Jewish students, rather than a commentary on the protests themselves.
Judge Traynor emphasized that he does not harbor any personal bias against specific Columbia students or faculty. He noted, “a reasonable person who knew the circumstances of the letter and why it came into existence would not question the impartiality of the undersigned.”
In related developments, the 5th Circuit Judicial Council in New Orleans recently dismissed a misconduct complaint filed against several judges involved in the hiring boycott, including U.S. Circuit Judge James Ho. The complaint, lodged by a prisoner, alleged that the judges exhibited political bias in their professional conduct.
The lawsuit at the center of this controversy originated in 2018, filed by members of the Standing Rock Sioux tribe and a priest in 2020 against various state officials, Morton County, and TigerSwan, a private security firm associated with the pipeline developer Energy Transfer Partners. The plaintiffs assert that the lengthy highway closure during the protests constituted an undue restriction on their travel and infringed upon their constitutional rights.
The ongoing litigation has seen Judge Traynor presiding since 2020. While he dismissed claims against several state officials in the previous year, the case continues against Morton County and TigerSwan, both of which deny any wrongdoing.
Source: Reuters
