It has been reported here by Ed Whelan and by the editorial page of the Wall Street Journal that the Committee on Codes of Conduct of the U.S. Judicial Conference, a body of 15 judges that issues advisory opinions containing ethical guidelines to members of the federal bench, is seriously considering a ban on judges being members of the Federalist Society. To be more specific, its draft advisory opinion is entitled “Judges’ Involvement With the American Constitution Society, the Federalist Society, and the American Bar Association,” and it would bar judges, law clerks, and staff attorneys from serving “as a member or in a leadership role” of the ACS or the Federalist Society, but not of the ABA …
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