Earlier today, the Supreme Court denied cert in Martin v. Blessing, involving U.S. District Judge Harold Baer’s (S.D.N.Y.) habit of selecting class counsel who promise to reflect a racial and gender “matrix.” (Earlier posts here and here.) Justice Alito’s separate statement appears here. Judge Baer appears to be one of a kind, and the Supreme Court does not sit as a court of error revision—even when, as here, the “error” is blatant illegality.
It is incumbent upon the Second Circuit, Justice Alito concludes, to tell Judge Baer to cut it out. The signal should suffice. In a Circuit that’s off the reservation on many class action matters, it probably won’t.