For the second time in two weeks, the Supreme Court’s denial of certiorari in a class action case—this time, Martin v. Blessing—has garnered significant attention because of a separate statement by a Justice concerning the denial of review.

In Martin, the petitioner challenged the policy of one federal judge in the Southern District of New York to condition appointment of class counsel on the agreement by that counsel to “make every effort to assign * * * this matter [to] at least one minority lawyer and one woman lawyer with requisite experience.” Specifically, in Martin—an antitrust class action…
Continue Reading Justice Alito Addresses A Federal District Judge’s Policy Of Requiring Race- and Gender-Conscious Selection of Class Counsel