Courts

Far-Right Group Weaponizing Ethics Complaints Against Federal Judges. Again.

This very much misses the point of judicial ethics.

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941344The Article III Project (A3P) is back on its bullshit. The right-wing group was founded by Mike Davis (who is not a fan of Brown v. Board and thinks it’s time for Americans to “arm up” against the “Black underclass”). Their mission is to bring “brass knuckles to fight leftist lawfare” and are fresh off a victory getting Judge Michael Ponsor rebuked for (accurately) calling Samuel Alito’s flying of flags favored by insurrectionists “improper” and “dumb.”  Now they’re taking the fight to Fourth Circuit Judge James Wynn Jr.

Wynn recently decided to rescind his decision to take senior status (as did two district court judges). That is something federal judges can do! And if it’s all judges appointed by Democratic presidents, <shrug>. Still something they’re allowed to do! Sure, some Republicans will be butthurt over it, calling it the politicization of the judiciary because irony is well and truly dead. You don’t have to like it, but you know, that’s the system we have.

But A3P is going to try and make it a thing.

As reported by Law & Crime, the far-right group filed an ethics complaint against Wynn. According to A3P:

“The complaint raises serious concerns about violations of the Code of Conduct for United States Judges following Judge Wynn’s abrupt decision to withdraw his earlier announcement of retirement in December 2024, immediately following the outcome of the 2024 presidential election,” A3P said in its statement. “A3P’s complaint makes clear that this sudden reversal was politically motivated and undermines public trust in the judiciary.”

Let me see if I got this: displaying a symbol of insurrection, not political. Choosing not to take senior status? Political. Gotcha.

There is absolutely a problem with the public’s trust in the judiciary, but this ISN’T THE ROOT OF THE ISSUE. There’s the whole Alito thing (and the fact he refused to recuse himself from hearing January 6th-related cases even after this fact went public). The grift Clarence Thomas appears to be running from the High Court (there were so, so, so many revelations about the luxury gifts Thomas received and repeatedly failed to disclose). The stolen Supreme Court seat. The way the Court actively thumbs its nose at the notion of being held accountable to even the most basic of ethical standards. *These* are the problems, dude. Not Wynn’s (non)retirement.

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Kathryn Rubino HeadshotKathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].

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