I am left with the sad conclusion that the Bar has just taken a rather dramatic step to remedy a nonexistent problem. I am, however, willing to look at this positively. I am a mutt, a mixed breed. We have been ignored for far too long, and would ask the governors to dedicate one of the newly created positions for our underrepresented clan. The program is unconstitutional, but for a different reason from that advanced in the 9th Circuit.
Courts have to be neutral and magistrates have to be detached.
If they are not, then their decisions violate the due process clause and the republican form of government clause of the Constitution. The subsidy is an important part of the CLS budget. For example, it would be embarrassing for any court to find a CLS lawyer in contempt after the Supreme Court has subsidized that lawyer. Reciprocally, CLS lawyers are compromised, because half of the function of a lawyer is to challenge the assertion of the court s power over its client. CLS cannot vigorously challenge the authority of the Supreme Court when the Court helps pay its way.