On Thursday, March 20, 2025, Chief U.S. Circuit Judge William Pryor of the 11th U.S. Circuit Court of Appeals concluded the complaint proceeding regarding U.S. District Judge M. Casey Rodgers, addressing concerns of bias related to her statements about the representation of women in leadership roles for mass tort litigation involving the contraceptive drug Depo-Provera.
The matter arose after Judge Rodgers expressed her belief in the importance of diversity during a case management conference for the multidistrict litigation concerning allegations that Depo-Provera and its generic versions may lead to the development of meningiomas, a type of brain tumor. Following these statements, an ethics complaint was filed by Mike Davis, a conservative activist and ally of President Donald Trump, asserting that Rodgers’ comments suggested a preference for female attorneys based on sex rather than merit.
In her remarks during a hearing on February 21, Judge Rodgers emphasized the need for adequate female representation in the leadership team overseeing the case. She indicated that a balanced leadership team would not only enhance diversity but also reflect the demographics of the plaintiffs involved in the litigation. This prompted Davis to argue that her statements constituted discrimination, as they implied that sex could be a deciding factor in the selection of lead counsel.
In a formal response to the complaint, Judge Rodgers acknowledged that her comments might be perceived as establishing a bias. She clarified that while she had never engaged in discriminatory practices in her judicial duties, she regretted the appearance of bias her remarks may have created. Judge Pryor noted her acknowledgment as a significant step in addressing the concerns raised.
The ethics complaint had been initiated following a series of statements made by Judge Rodgers during the first management conference of the proceedings, where at least 78 lawsuits related to Depo-Provera had been consolidated. The litigation centers on allegations that the drug can cause serious health issues, with Pfizer, the manufacturer, denying all claims.
Citing the judicial code of conduct, Judge Pryor highlighted that judges are prohibited from engaging in sex-based discrimination, including the preferential selection of attorneys for leadership positions based on gender. He referenced a past statement from U.S. Supreme Court Justice Samuel Alito, who criticized similar practices in class action cases, underscoring that such preferences are not permissible under current judicial standards.
Despite the serious nature of the allegations, Judge Pryor indicated that the situation had been resolved satisfactorily. Judge Rodgers took voluntary corrective measures following Davis’ complaint, which included issuing a new order clarifying that all attorneys could apply for leadership roles without consideration of their gender. In her letter, she emphasized that candidates would be evaluated solely based on their individual qualifications and merit.
“I believe these steps have ameliorated the concerns raised, and I sincerely regret any misunderstanding,” Judge Rodgers stated, reinforcing her commitment to impartiality in her judicial responsibilities.
A copy of the original filing can be found here.
