Loren AliKhan, a federal judge appointed by President Biden, began teaching a judicial lawyering course at George Washington University Law School in early January. Shortly after, she was hearing a federal lawsuit that alleges the university violated Title VI of the Civil Rights Act by permitting a hostile environment toward Jewish students.
Initially, AliKhan asserted that her employment at the university did not create a conflict of interest and indicated she would remain on the case until a party raised an objection. Approximately two months after starting the teaching role, she issued a ten‑day stay to evaluate a possible conflict and subsequently withdrew from the case.
Background to the lawsuit
The complaint contends that George Washington University allowed physical assaults, vandalism and verbal harassment of Jewish students to continue unchecked. The plaintiff, Sabrina Soffer, said that the judge’s recusal would protect the case’s integrity and remove any perception of bias, allowing the matter to be heard fairly. Her lawyer, Jason Torchinsky, expressed gratitude that the court would enable the case to proceed promptly with a new judge.
Reactions from legal scholars and officials
A lead ethics attorney for the federal courts advised AliKhan that recusal was likely unnecessary given the university’s size and the fact that the complaint does not specifically target the law school. Keith Fisher, an associate professor at St Thomas University College of Law, argued that AliKhan should have stepped aside as soon as she was hired because the situation creates an appearance of impropriety and could bias the proceedings. He added that her failure to disclose or recuse violated the ethical rule that judges must step aside when impartiality might be reasonably questioned.
Seth Oranburg, a law professor at the University of New Hampshire Franklin Pierce School of Law, criticised AliKhan’s reliance on a remittal procedure, stating that it was inappropriate since the plaintiff had already publicly asked for the judge’s recusal.
Procedural outcome and broader implications
Following AliKhan’s recusal, U.S. District Judge Trevor McFadden was randomly assigned to take over the case. The incident has sparked discussion about judicial ethics and conflict‑of‑interest safeguards in the federal judiciary. Federal judges are expected to avoid any appearance of bias, and the Judicial Conference provides guidelines on recusal. Recusal typically begins with a motion from a party, after which the judge decides whether to step aside and a new judge is appointed.