Recognizing Reality

The Code of Conduct for Federal Judges has been changed, and it appears that it will prohibit sitting judges from attending Federalist Society events:

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For anyone concerned about the unseemly mingling of politics and the judiciary, a little-noticed formal ethics opinion issued in February by the committee responsible for the Code of Conduct for United States Judges may offer hope.

Judges are bound by the Code of Conduct, which comprises five canons and associated formal opinions issued by the committee, which provide ethical guidance. Substantial speech and associational restrictions are imposed on active judges to preserve the judiciary’s independence and integrity.

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For many years, the Code of Conduct committee ducked the issue of judicial participation in the Federalist Society, in part, it seemed, because many powerful judges (see above) either have been or are associated with the organization.

The committee now appears to have drawn a line with its issuance of advisory opinion No. 116 expanding the scope of prohibited political activity. The Federalist Society is not mentioned by name, but the opinion is directed to the propriety of participation by judges in programs or membership in groups engaged in public-policy debates.

The prohibited political activities include those involving “hot-button issues in current political campaigns” or that are “politically-oriented” or have “political overtones.” Public perception also plays a vital role, as the opinion bars judges from participation that would “give rise to an appearance of engaging in political activity” or “would otherwise give the appearance of impropriety.”

The committee also warned judges that they should stay away from groups “where the funding sources are unknown or likely to be from sources engaged in litigation or political advocacy.” The New York Times noted of the Federalist Society’s 2015 annual report, the organization “discloses who contributes most of its money. But it also takes anonymous contributions, from players including the Mercer family, which was a major backer of Donald Trump.” The annual report listed 14 anonymous donors on the “platinum” level — those giving $100,000 or more.

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The expanded definition of prohibited political activity does not endanger the Federalist Society , nor its ability to function as a conduit of conservative ideology for lawyers and academia. It simply makes the continued participation of judges in the organization indefensible.

Sitting judge's hobnobbing with a partisan group like the Federalist Society has always been indefensible and corrupt.

Now it's just official.