Lafayette Reporter

Senators John Kennedy (R-La.) and Ted Cruz (R-Texas) have expressed their concerns about discriminatory standing orders issued by three judges in the U.S. District Court for the Southern District of Illinois. In a letter addressed to the chief judge of the Seventh Circuit Court of Appeals, the senators highlighted the implementation of standing orders that prioritize granting oral argument to "newer, female, and minority attorneys."

The senators argued that these standing orders, which prioritize race and sex over the substantive merits of a case or the importance of oral argument, are both unethical and unconstitutional. They referenced the Supreme Court's decision in Students for Fair Admissions v. Harvard, stating that racial discrimination is invidious in all contexts and should be eliminated entirely. Under the current standing orders, a party risks being deprived of oral argument if they choose an experienced white male attorney, while being assured of oral argument if the attorney is female or a racial or ethnic minority.

Kennedy and Cruz pointed out that these policies suggest ongoing judicial race and sex discrimination, in violation of the Fifth Amendment and judicial codes of conduct. They called on the chief judge to address these discriminatory policies, noting that depriving parties of their right to oral argument based on the sex or race of the attorney undermines the principles of impartiality, fairness, due process, and equal protection under the law.

The senators concluded their letter by expressing their disappointment that federal taxpayers have supported such discriminatory conduct.

The full letter can be accessed here.