From the Brennan Center
| Federal Judiciary Tables Proposed Ban on Judicial Membership with ACS and the Federalist SocietyThe Conference Committee on Codes of Conduct of the U.S. Judicial Conference announced its decision to shelve a draft advisory opinion that would have banned federal judges from holding leadership or membership roles with the American Constitution Society (ACS) or the Federalist Society. The draft opinion said membership in ACS or the Federalist Society was inconsistent with judicial ethics rules because a judge’s official affiliation with either group could “call into question the affiliated judge’s impartiality” and “generally frustrate the public’s trust in the integrity of the judiciary.” The opinion would not have prevented judges from attending events hosted by either group. Circulated for comment back in January, the draft opinion prompted criticism from Supreme Court Justice Clarence Thomas, and at least one editorialand one op-ed in the Wall Street Journal. It was also admonished by over 200 federal judges (most of whom are Trump appointees), as well as 29 Republican senators, according to the New York Times. In a memorandum announcing its decision to table the ban, the director of the Administrative Office of U.S. Courts said the Committee would instead “rely on the advice it has previously provided concerning membership in law-related organizations,” leaving membership decisions to the judgment of individual judges. |
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