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A judicial organization dedicated to fighting "leftist lawfare" filed a complaint Thursday against the Florida federal judge overseeing multidistrict litigation over the hormonal contraceptive drug Depo-Provera, claiming that her comments about women needing to be represented in the MDL leadership show an impermissible bias.
In a letter sent to Chief U.S. Circuit Judge William Pryor of the Eleventh Circuit, Mike Davis of Article III Project said U.S. District Judge M. Casey Rodgers, of the Northern District of Florida, made statements during the first case management conference of the MDL that improperly suggested sex would be a relevant factor in selecting leadership counsel for the case.
Article III describes itself on its website as an organization that "brings brass knuckles to fight leftist lawfare."
Davis said Judge Rodgers referred to the fact that the case centers on a birth control product to emphasize the need for adequate representation of women in leadership roles. He added that she also made a "more general and troubling statement about 'diversity.'"
"This remark reflects an explicit preference for females in the allocation of professional roles and responsibilities," Davis said. "By implying that sex — rather than qualifications, experience or merit — should influence selection for MDL leadership, Judge Rodgers engaged in conduct that constitutes impermissible bias and judicial misconduct."
Davis, who previously served as chief counsel for judicial nominations for Sen. Chuck Grassley, R-Iowa, called this "cognizable misconduct" and said it violates not just the Rules for Judicial Conduct but also the equal protection guarantee of the Fifth Amendment's due process clause.
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