Two weeks ago, the American Bar Association's eight-year exile ended. The Obama administration restored the group to the special status it had enjoyed since the Eisenhower years, and it will once again get early word about potential nominees to the federal bench.

The group says it is serious and diligent about evaluating candidates without regard to ideology. But there is reason to wonder whether Alberto R. Gonzales, who was White House counsel at the time, might have had a point when he told the group eight years ago that its help would not be needed.

The bar association is, after all, a private trade association, not an arm of the government. It takes public and generally liberal positions on all sorts of divisive issues. And studies suggest that candidates nominated by Democratic presidents fare better in the group's ratings than those nominated by Republicans.

Most of that we've known for years. If this had been written in the National Review, I wouldn't have given it a second thought. But this is printed in the New York Times, in a story by Adam Liptak.

Here is the abstract of the most recent of the studies referred to:

In this paper, we (1) investigate what factors explain the ABA ratings of judicial nominees to the United States Courts of Appeals from 1985-2008 and (2) probe whether prospective Republican and/or conservative judges are systematically disadvantaged. We find both that, all else being equal, Democratic/ liberal nominees are more likely to receive the ABA's highest rating of "Well Qualified" than their Republican counterparts, but also that the ABA relies on more traditional measures of professional qualifications, such as prior experience as a judge or Circuit Court clerk, when rating nominees to the federal appellate courts. Our results lead us to conclude that the ABA should take affirmative steps to ensure liberal candidates are not being unconsciously favored and rated. In particular, our findings suggest that there is some systematic component of the evaluation process, possibly the use of the "judicial temperament" criterion, which lends itself to lower ratings of more conservative nominees. In evaluating judicial temperament, the ABA properly seeks to ensure that potential federal judges will approach each case with an open mind and a sense of fairness toward all parties, but our findings indicate that the Standing Committee should also guard against rating nominees based on their particular positions towards policies and legal doctrines which implicate issues of fairness and equal justice. Therefore, the Standing Committee should strive to ensure that its evaluations reflect a careful balance of both objective and subjective criteria, and that the different types of criterion are given appropriate weight.