Stephen Miller’s conservative legal advocacy group America First Legal Foundation (AFLF) has filed a lawsuit against Chief Justice John G. Roberts, Jr., and Robert J. Conrad, in their official capacities as the Presiding Officer of the Judicial Conference; and Director of the Administrative Office of the U.S. Courts, respectively, for allegedly violating federal transparency laws.
The lawsuit also accuses the duo of cozying up with far-left lawmakers to wage lawfare against conservative Supreme Court justices to undermine the independence of the Supreme Court.
The lawsuit stems from a Freedom of Information (FOIA) request the AFLF made regarding communications between the far-left lawmakers Senator Sheldon Whitehouse and Rep. Hank Johnson and the Judicial Conference and the Administrative Office. However, the policymaking bodies outrightly rejected the requests by claiming they were exempt from such FOIA demands.
Ironically, the Judicial Conference and the Administrative Office have honored several “congressional oversight requests” by the far-Left lawmakers to aid them in going after Justices Thomas and Alito.
“When it comes to government transparency, you can’t have your cake and eat it too,” remarked Dan Epstein, America First Legal Vice President.
According to the lawsuit, Sen. Whitehouse and Rep. Johnson have for several years waged lawfare against Supreme Court Justices Thomas, Alito, and Kavanaugh, and in the process, enjoyed favorable legacy media coverage. Similarly, the Judicial Conference and the Administrative Office have acted as the “central levers” for the lawmakers’ persistent lawfare campaign.
“This lawfare has been led by Senator Sheldon Whitehouse and Representative Hank Johnson, relying upon an ideologically favorable legacy media to falsely accuse Justices Thomas and Alito of ethical improprieties. Their aim was simple: to chill the judicial independence of these Supreme Court Justices.”
The lawsuit explains that Whitehouse and Johnson have accused Justice Thomas of “acting willfully to violate the Ethics in Government Act and directed the U.S. Department of Justice to criminally investigate the matter.” Similarly, Sen. Johnson filed an ethics complaint against Justice Alito, accusing him of violating “several canons of judicial ethics.” The justices have been accused by far-left lawmakers of not being forthcoming about their financial relationships.
Meanwhile, AFLF argues that the Judicial Conference and the Administrative Office must comply with FOIA requests because they are not part of the judiciary but the executive branch and exercise executive powers, including issuing binding regulations.
“Thus, the Judicial Conference and Administrative Office exercise executive functions and are accordingly subject to FOIA. Accordingly, their refusal to comply with AFL’s FOIA request is unlawful.”
It also argues that the two bodies should be declared “independent agencies within the executive branch” and the President should have the authority to appoint and remove the Judicial Conference’s Presiding Officer and the Director of the Administrative Office.
“Under our constitutional tradition, accommodations with Congress are the province of the executive branch. The Judicial Conference and the Administrative Office are therefore executive agencies. Such agencies must be overseen by the President, not the courts. Judicial relief here not only preserves the separation of powers but also keeps the courts out of politics.”
