Thread by @JuddLegum

1. North Carolina Supreme Court Justice Anita Earls, the only Black woman on the court, is being threatened with sanctions —including REMOVAL FROM THE BENCH — for TALKING about RACIAL AND GENDER DISCRIMINATION.

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2. In June, during an interview, Earls was asked about a study that found "attorneys who argue before the state Supreme Court are 90% white & 70% male."

Earls explained that female and non-white attorneys are often treated rudely by members of the court

popular.info/p/top-north-ca…

3. Earls explained that "when the culture is that male advocates and advocates who reflect the majority of the court, white advocates, when they get more respect, when they are treated better — I think it filters into people's calculations about who should argue."

4. Earls also criticized Chief Justice Paul Newby's decision to eliminate "a Commission on Fairness and Equity in the North Carolina judicial system" that dealt with "not only how we treat the public but how we operate internally."

popular.info/p/top-north-ca…

5. On August 15, Earls received a letter from the state's Judicial Standards Commission — a body populated by conservative judges appointed by Newby — saying she was under investigation for violation of the Code of Judicial Conduct.

6. The letter suggests Earls failed to act "in a manner which promotes public confidence in the integrity and impartiality of the judiciary."

If the Commission issues a finding against Earls it could impose sanctions, up to and including removal from the bench.

7. Earls responded by suing the Commission in federal court, alleging the body was violating her First Amendment rights

In the lawsuit, Earls notes the Code of Judicial Conduct allows judges, who are elected, to "engage in any… constitutionally protected political activity"

8. Speaking about systemic issues in the justice system, according to the lawsuit, is "core political speech." The lawsuit argues that the "First Amendment allows Justice Earls to use her right to free speech to bring to light imperfections and unfairness in the judicial system.

9. In 2002, the U.S. Supreme Court recognized the First Amendment right of judges to speak about disputed legal and political issues in Republican Party of Minnesota v. White.

popular.info/p/top-north-ca…

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