They needn't ever speak of it, simply because their whiteness and gender insulates them from the presumption of partiality and bias that is regularly attached to women judges and judges of color when it comes to matters of race and gender.

CNN: Commentary: Judge Sotomayor is not a racist

Committee members said they were concerned that the "content of his comedy routine could give rise to an appearance of bias, partiality or impropriety or otherwise negatively affect the dignity of the judiciary, " according to court papers.

WSJ: NJ's highest court to hear 'joking judge' appeal