Could be -- given that Canon 2C of the Code of Conduct for United States Judges reads as follows.

“A judge should not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin.”

Sotomayor does, however, hold membership in just such an organization, the Belizean Grove -- "a private organization of female professionals from the profit, nonprofit and social sectors."

What does the organization say about itself on its own website?

According to the Belizean Grove's Web site, the group is a “constellation of influential women” who are building “long-term, mutually beneficial relationships.” It was founded as a counterpart to the all-male Bohemian Grove, a legendary club of elite politicians, businessmen and other leaders.

The group’s roughly 115 “grovers,” as members call themselves, include ambassadors and top executives of Goldman Sachs, Victoria’s Secret and Harley-Davidson. They meet each year for an annual retreat in Belize or another Central American destination, as well as occasionally in New York and other cities for outings described as “a balance of fun, substantive programs and bonding.” The group’s Web site does not appear to mention any roles for men.

While Sotomayor tries to play off the organization's discriminatory policies and practices by arguing that men are sometimes invited to speak to the group and may participate in social activities, this is no different than membership in all-male groups that from time-to-time have female speakers and let the wives and girlfriends of members come to social activities -- or racially-exclusive organizations that will allow minority guests but not members. Indeed, male judicial nominees have been vigorously opposed in the past for membership in such things as an all-male fishing club.

In light of this membership, one again has to question whether or not Judge Sotomayor has the sensitivity to racial and gender discrimination to sit on our nation's highest court -- and in this case to also raise the issue of whether or not Sotomayor's conduct ought to disqualify her from continued service as a judge on any court in the United States.

H/T Bench Memos

Posted by: Greg at 05:09 AM | No Comments | Add Comment
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