Washington, D.C. — In a significant reversal, Judge M. Casey Rodgers of the United States District Court for the Northern District of Florida walked back her previous discriminatory and illegal order that sex should serve as a factor in appointing leadership counsel in ongoing litigation. This development comes after the Article III Project (A3P) filed a formal judicial misconduct complaint last month challenging the judge’s statements as discriminatory, illegal, and contrary to principles of judicial impartiality.
During a case-management conference discussion regarding a case involving birth control, Judge Rodgers stated that “females need to be adequately represented in your leadership,” reflecting an improper bias favoring one sex over another in professional legal appointments. A3P’s complaint highlighted that such remarks violate fundamental tenets of equal treatment under the law.
Following the complaint, Judge Rodgers backtracked from her initial remarks. This shift represents an acknowledgment of the concerns raised by A3P and underscores the importance of ensuring that judicial proceedings remain free from illegal discrimination, favor, and bias.
“To the extent my comments suggested a preference for any attorney based on sex rather than qualifications, that was not my intent, and I regret any misunderstanding…The Court’s sole interest is in ensuring that the leadership team reflects the requisite skill, experience, and ability to manage this litigation effectively,” Judge Rodgers said in the order.
“This is a victory for judicial integrity. The days of DEI are dead. A federal judge should never serve in the business of making sex-based determinations about leadership roles in litigation. The law demands neutrality, and today’s backtracking from Judge Rodgers, which only came after A3P filed its complaint, proves that she was in the wrong. Federal judges must use their brains, instead of their emotions, when deciding cases,” said Mike Davis, founder and president of the Article III Project.
The Article III Project (A3P) was founded by veteran GOP operative and attorney Mike Davis, who, after helping win the Senate confirmation battles of Neil Gorsuch and Brett Kavanaugh, developed the reputation as a “take-no-prisoners conservative eager to challenge the left with hardball tactics,” as reported in The New York Times.
A3P defends constitutionalist judges, punches back on radical assaults on judicial independence (like court-packing) and opposes judicial and other nominees who are outside of the mainstream. Davis previously served as Chief Counsel for Nominations to Chairman Chuck Grassley (R-Iowa) on the United States Senate Committee on the Judiciary and led the Senate confirmation of Justice Brett Kavanaugh and a record number of circuit court judges.
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