General Links

« A Rush From Judgment? The OLC Memoranda and Modern Legal Conservatism | Main | Is moral deference a problem? »

June 19, 2009

Comments

Brad Wendel

John: I'm not sure whether the Code of Judicial Conduct required her to quit the organization. (I took this position a couple of days ago at lunch, so if I'm wrong about this my colleagues will mock me.) The provision on discriminatory organizations says "[a] judge shall not hold membership in any organization that practices *invidious* discrimination on the basis of race, sex, gender, religion, national origin, ethnicity, or sexual orientation." CJC, Rule 3.6(A) (2007 vers.). The term "invidious" is included, I think, to exclude organizations like the NAACP and the Belizean Grove. Comment [2] to Rule 3.6 says that whether an organization practices invidious discrimination depends on, inter alia, "whether the organization is dedicated to the preservation of religious, ethnic, or cultural values of legitimate common interest to its members ..." Given that, why is Judge Sotomayor be required to quit (leaving aside the "optics," as they say, of membership in the organization)?

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been posted. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment