US Election 2024

America First Legal sues SCOTUS Chief Justice John Roberts

A new lawsuit filed by a pro-Trump legal group founded by White House aide Stephen Miller is taking aim at Supreme Court Chief Justice John Roberts. The America First Legal Foundation is challenging Roberts in his capacity as the head of the U.S. Judicial Conference, as well as Robert J. Conrad, the director of the Administrative Office of the U.S. Courts.

The basis of the lawsuit revolves around the accusation that both the U.S. Judicial Conference and the Administrative Office of the U.S. Courts have overstepped their regulatory authority by engaging in actions that extend beyond their core functions. The complaint argues that these actions, which include investigating allegations of ethical improprieties by Justices Thomas and Alito and creating an ethics code for justices on the high court, should be subject to Freedom of Information Act requests.

The America First Legal Foundation contends that the actions taken by these entities are more aligned with the executive branch, and therefore should be overseen by the president rather than the courts. They argue that the U.S. Judicial Conference, as the national policymaking body for the courts, should be supervised by executive officers appointed and accountable to other executive officers.

The Administrative Office of the U.S. Courts, which operates under the guidance of the Judicial Conference, provides administrative support to the federal courts. The plaintiffs in the lawsuit assert that the duties of the Judicial Conference are executive functions and should be overseen by the executive branch. They argue that the courts should not be involved in creating agencies to exercise functions beyond resolving cases or controversies.

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The case has been assigned to U.S. District Judge Trevor N. McFadden, a Trump appointee. The lawsuit represents an ongoing effort by Trump allies to challenge court rulings that have blocked key actions from the Oval Office. The outcome of this legal battle could have far-reaching implications for the separation of powers and the role of the judiciary in relation to the executive branch.

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