In Cerame v. Slack, decided today by the Second Circuit, Chief Judge Debra Ann Livingston, joined by Judges Walker and Sullivan, concluded that plaintiffs had standing to challenge Connecticut bar rule 8.4(7), which provides,
It is professional misconduct for a lawyer to … (7) Engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, color, ancestry, sex, pregnancy, religion, national origin, ethnicity, disability, status as a veteran, age, sexual orientation, gender identity, gender expression or marital status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline or withdraw from a representation, or to provide advice, assistance or advocacy consistent with these Rules.
The court elaborated on the scope of the ban:
