Recently, I wrote a five-part series on the Judicial Campaign to silence the Federalist Society. Today I dive deeper into Part 3 of that series, which looked at how the Committee on Codes of Conduct draft advisory opinion would threaten judges’ involvement with the legal profession and affinity bar associations.
Supposedly key to the Committee’s reasoning that judges should not be members of the Federalist Society is the fact that it “serve[s] or promote[s] a particular constituency, cause or agenda,” as opposed to merely seeking to “benefit the legal system as a whole.” But perplexingly, the draft advisory opinion completely ignores the fact that the Federalist Society does not take positions or advocate on particular issues, nor does it lobby or litigate before any state or federal courts …
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