Saturday, December 06, 2003

Juan Non-Volokh has some commentary on the Judiciary Committee memos (they're a very interesting, and short, read).

It seems like the NAACP's conduct, asking Senator Kennedy to delay a 6th Circuit nominee in order to keep the composition of judges for the Michigan affirmative action cases intact, is in a bit of a legal gray area. Of course, the Bar can sanction lawyers for ethical violations (they're reviewing the situation right now), so perhaps that's what should happen. Remember, the NAACP intervened in the case, so they were actually looking to change the composition of judges in a case in which they were a party. To me, that crosses the line.

I almost feel bad for the NAACP, though. Really. Because it's not like others don't try this stuff behind the scenes. It's just that Judiciary Committee memos usually don't become public, airing all this stuff out.

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