Well, it seems we have struck a nerve with our June 21st post about a Tennessee Judge who has created a dress code for female attorneys as many more readers have weighed in on the situation.  My favorite comment is the one that led to the title of this post which correctly asks if the dress code is a violation of the Second Amendment.  Yes, the Second Amendment. Not the First as some may have guessed. 

My favorite comment came from Rick Johnson who commented “Seems to me that a ban on sleeveless dresses violates the Second Amendment to bare arms.” 

My second favorite comment was the reader who was happy to allow women to flounder in their attire choices as he felt he could use it to his advantage.  Sean Carter of the Carter Law Group in Los Angeles wrote “I would like the outfits any attorney decides to don to be yet another one of the endless judgment calls a lawyer must make when appearing in open court. E.g., Don’t I necessarily win my motion for summary judgment when counsel rolls into court with a Fresh Adidas Sweat Suit? ;-) Oh but alas, I do think the whole “get dressed up thing” relates directly to important “perceptions’ of the court, the honor of the court, etc. No ‘yellow flag’ for Judge Royce. Best, Sean.”

If only it were true that an attorney’s inappropriate outfit dictated a losing result, I would sit back happily when my adversary showed up in birkenstocks, a broom skirt, and a flowy blouse (true outfit one of my adversaries wore to argue a motion to dismiss).  Instead, I’ll stick with quietly judging the outfits myself.