Radical lawyers did no harm to the profession and a few, such as the late William Kunstler, became legendary. By 1970, the U.S. Supreme Court pretty much put an end to ideology tests for bar membership. In any event, there is no recorded instance of communist-inspired trickery doing any damage to the courts. The same would hold true for racist lawyers. The genius of our judicial system is its transparency.
Lawyers make arguments, judges rule on the law, and it all happens in full public view.
Lawyers with poisonous positions usually lose, and even when they succeed, the system is self-correcting in the long run. And if it turns out that the courts are receptive to Hale's hate, then we have a lot more to worry about than one pathetic Prairie State bigot. There is even the possibility that Hale, unwittingly and ironically, might do some good as a lawyer. The joke will be on him, since every extension of the rule of law will strengthen the democratic virtues he disdains. Law already leaves out minorities Finally, there is also the contention that Hale should be disqualified because he would no doubt refuse to represent minorities.