Legal Commentary

The Ethics of Discriminating Against Federalist Society Members For Law Firm Jobs

By Orin Kerr

Randy Cohen?s The Ethicist column in the New York Times responds to the following reader question:

While interviewing law students for jobs as paid summer interns and full-time associates for my firm, I noticed several had résumés listing their activities in the Federalist Society. Some of my partners have conservative views similar to those of the society, but I do not. These students? politics would not affect their professional function, but my review is meant to consider their judgment and personality (though I don?t need to give reasons for the assessments given). May I recommend not hiring someone solely because of his or her politics?
NAME WITHHELD, GREENWICH, CONN.

Cohen concludes, fortunately, that the answer is ?no.? He then adds this update: ?Believing that all the applicants were qualified, but able to hire only a few, this person recommended rejecting each member of the Federalist Society.? Hat tip: ATL.

UPDATE: I urge all Federalist Society members working at law firms to take immediate counteraction. Specifically, if you are reviewing resumes of potential laterals and you come across a resume from Mr. Name Withheld from Greenwich, CT, don?t hire him.

Full post as published by The Volokh Conspiracy on December 07, 2009 (boomark / email).