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Thomas Griffith is an unqualified candidate for a seat on the U.S. Court of Appeals for the District of Columbia Circuit. Not only has Griffith never had a position as a lower court judge at any level, but he has also repeatedly shown lack of respect for his profession by practicing law without a license for several years in two different states. While at a law firm in the District of Columbia, Griffith allowed his license to expire, yet continued to practice law in D.C. for over a year. Griffith then lied about the lapse in his license to Senator Patrick J. Leahy, claiming that the expiration notification had been sent to his former law firm when in fact the expiration had happened long before he even joined that firm.
Despite a provision in Utah law that prohibits lawyers from practicing in the state without passing the Utah Bar exam, Griffith has practiced law as the General Counsel of Brigham Young University for the past five years - unlicensed. Even though the General Counsel for the Utah Bar advised Griffith to take the Utah Bar exam, he has never done so. To make matters worse, Griffith has lied under oath about his standing as a lawyer. On the application for the Utah Bar (a test he never took), Griffith stated that he had never been suspended as an attorney when in fact he had been suspended from the District of Columbia Bar -- twice.
Griffith's disrespect for his own profession is just the tip of the iceberg. Griffith has a consistent record of hostility towards Title IX, the law guaranteeing equal educational opportunities for women and girls. If he gets his way, he will set back the progressive efforts for which Title IX proponents have fought long and hard. As a member of the Secretary of Education's wrongly-named Commission on Opportunity in Athletics in 2003, Griffith proposed a radical measure that would have eliminated one of the three alternative methods of school compliance with Title IX, the "substantial proportionality" test. Eliminating this method would have significantly undermined the effectiveness of Title IX. Even this stacked Commission, which contained a majority of members hostile to Title IX, soundly rejected Griffith's radical proposal by a vote of 11-4. Indeed, every federal appellate court to consider the test has rejected Griffith's view that the proportionality test is unconstitutional, and each of those courts has confirmed that the proportionality test does not violate Title IX or the Constitution. Griffith has dismissed those subsequent decisions as "wrong."
Furthermore, Griffith has identified himself with Senator Rick Santorum, R-Pa., a long-time opponent of reproductive rights and equal marriage. With his work in the ultra-conservative Federalist Society, Griffith espouses strong commitment to the states' rights framework, which would eviscerate enforcement of civil rights and environmental law. Additionally, through his speeches and writings, Griffith has made it clear that he believes the rule of law should be based in the Christian faith.
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