"Canon 3B(3), a judge must “exercise the power of appointment fairly and only on the basis of merit.”
This means that 99% of the federal judiciary, which hires almost exclusively based on law school pedigree, is (and has always been) in violation of the code.
Now, if Justice Ho had instead claimed that he wouldn't hire Yale grads for a while as a matter of corrective justice, and in order to advance equity (particularly with regards to race and gender), would the professoriate dare to claim that THAT would be in accord with Canon 2B?
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"Canon 3B(3), a judge must “exercise the power of appointment fairly and only on the basis of merit.”
This means that 99% of the federal judiciary, which hires almost exclusively based on law school pedigree, is (and has always been) in violation of the code.
Now, if Justice Ho had instead claimed that he wouldn't hire Yale grads for a while as a matter of corrective justice, and in order to advance equity (particularly with regards to race and gender), would the professoriate dare to claim that THAT would be in accord with Canon 2B?