As noted previously, this was inevitable: Sonia Sotomayor has quit the Belizean Grove. She'll apparently continue to claim that quitting wasn't required by the judicial canons -- but it was.
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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)?
Posted by: Brad Wendel | June 24, 2009 at 09:41 AM