Trump Advocacy Group Attacks Judicial Independence
On February 27, 2025, the self-described “Trump loyalist” “hyperaggressive” advocacy group, the Article III Project (A3P) filed a judicial misconduct complaint against U.S. District Judge M. Casey Rodgers for the Northern District of Florida. This group claims to be fighting “leftist lawfare”. Their letter to the District’s Chief Judge complained about Judge Rodgers’ comments about women needing to be represented in the Plaintiffs’ leadership slate for a multidistrict litigation (MDL) involving a women’s contraceptive drug. The A3P group claims her comments show an impermissible bias.
Judge Rodgers, nominated by Republican President George W. Bush and on the bench since 2003 including as Chief Judge, is overseeing multidistrict litigation (MDL) involving the women’s contraceptive drug Depo-Provera. A3P claims her comments reflect a preference for gender over qualifications, experience, or merit, which they argue violates judicial impartiality and equal protection under the Fifth Amendment’s due process clause. However, the Federal Rules specifically permit a court to “designate interim counsel to act on behalf of a putative class.” The appointed leadership, among other responsibilities, is charged with “protecting the interests of the class.” 1
Here, the putative class would be restricted to women, whose interests are not always perfectly aligned with men’s. A number of attorneys representing plaintiffs in the MDL, including Bryan Aylstock and Christopher Seeger, defended Judge Rodgers when asked for statements by Law360, law-related news publication. They described the A3P complaint as baseless and emphasized the importance of diversity in legal representation to better serve clients and ensure justice. Seeger called A3P’s actions a “disgusting attack” on the judiciary’s ability to select qualified leadership without externa interference. 2
As discussed in a 2021 UMKC Law Review article regarding MDL leadership, certain cases suggest that “normative claims about representation, fairness, and social legitimacy may make identity diversity among leaders key--mass torts over trans-vaginal mesh, Mirena, Yasmin/Yaz, Essure, NuvaRing, and OrthoEvra all come to mind.” 3
Just as the United States’ former practice of all white juries even where a person of color’s life or liberty were on the line, going backwards by supposedly ignoring diversity does not promote “justice.” To actually “protect the interests of the class,” including qualified female attorneys in leadership positions is a necessity. The court should remain independent and not be bullied by hyperaggressive political operator in the Depo-Provera case.
1. Manual for Complex Litigation §21.11 (4th ed. 2004).
2. https://www.law360.com/pulse/articles/2304105/group-blasts-judge-s-call-for-women-in-contraception-
3. Elizabeth Chamblee Burch, Diversity in MDL Leadership: A Field Guide, 89 UMKC L. Rev. 841, 843
(2021).
