The American Bar Association is now officially in favor of same-sex marriage. In the 90s, it came out squarely in favor of abortion.
Periodically I get calls from the ABA suggesting that I re-activate my membership, and I try to explain that I no longer support their organization or its goals. They respond by telling me about all the wonderful life insurance I can get and discounts on car rentals. The real reasons behind my refusal to join never seem to get through.
But the ABA stopped listening to an enormous percentage of the bar nationwide a long time ago, and there is no reason to expect it to listen to me. Whether the lawyers who oppose the ABA’s agenda constitute a majority or merely a significant minority is irrelevant. The ABA does not represent the profession. It represents an ideology.
That should be a sufficient reason for the Senate to stop seeking any rating of judicial candidates from the ABA as a factor to consider in confirmation hearings, or at least a reason to give its rating no more credence than a rating from the ADA. The two organizations’ agendas are on a path to merge.
But if the ABA won’t hear this message, I can at least hope that some more of my colleagues will, and that they will vote with their feet.
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