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A conservative judicial group called Article III Project filed a judicial misconduct complaint against U.S. District Judge M. Casey Rodgers after she issued an order emphasizing the need for women attorneys to lead more than 70 lawsuits over Depo-Provera.
Rodgers, in the Northern District of Florida, was assigned earlier this month to oversee the multidistrict litigation alleging that Depo-Provera, an injectable birth control, was linked to brain tumors. In a Feb. 23 order outlining applications for leadership positions, she wrote that “females should be adequately represented within leadership.”
Those were “statements that improperly suggested that sex would be a relevant factor in selecting leadership counsel for the multidistrict litigation,” according to Article III Project’s complaint, which was submitted on Feb. 27 to the U.S. Court of Appeals for the Eleventh Circuit's judicial conduct and disability review board. “This remark reflects an explicit preference for females in the allocation of professional roles and responsibilities. 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.”
Such statements indicate “improper judicial favoritism and violates the principle of impartiality,” the complaint says.
Article III Project did not respond to a request for comment. In its press release, the group says it “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.”
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