Watchdog of 3rd branch. Est. in 2014. We advocate for SCOTUS term limits, a SCOTUS ethics code, cameras in courts & other fixes that 70+% of Americans support.
No matter who wins on Nov. 5, our plan for a more accountable judiciary will succeed since it favors neither party.
That includes:
— Stronger workplace protections for 3rd branch employees
— Free PACER
— Requiring judges/justices to follow same gift rules as members of Cong.
There are more than a million Kavanaugh documents that are a matter of public record but are being withheld by DOJ & NARA.
We're the only group in the country that filed FOIAs in 2017 to get all of them, meaning the documents are overdue.
We'll be filing suit in the morning.
Confirmed by CNN: Justice Alito's free trip to Rome last year, which will appear in his disclosure once filed, was paid for by ND Law's Religious Liberty Initiative, which since its 2020 founding has filed several
#SCOTUS
briefs
@devancole1
@audrey_ashhh
.
It's probably a big deal that a trial court judge is calling out
#SCOTUS
for "eschewing historical analysis [& seeking to] fundamentally...redesign the relationship between the sovereign people & the 1st citizen of the Republic)" in an opinion that just came out, right?
Shocked, SHOCKED, that
#SCOTUS
makes bribing public officials easier & more acceptable...again!
Wonder if Justice Jackson has anyone in particular in mind here:
IT IS DONE!
The Supreme Court Ethics, Recusal & Transparency Act (H.R. 7647) was just passed out of
@HouseJudiciary
.
This is the most comprehensive judicial ethics bill to pass a congressional cmte. in memory, possibly ever, & we look forward to a vote on the House floor soon.
You can find the clearly unconstitutional provision Jane’s referring to, which would keep the identity of
#SCOTUS
spouses’ employers secret, on p. 2544 of the 4,408-page bill
Lawmakers have just added a provision to the National Defense Authorization Act protecting Supreme Court spouses from having to reveal any outside employer, in the name of security. If it passes, Ginni Thomas’s professional entanglements would effectively be state secrets.
We've just received 10,145 pages of material from Judge Kavanaugh's time in the Office of Independent Counsel due to our
#FOIA
suit & because life is never-ending feedback loop, included is a memo Kav wrote in 1995 about a potential Rod Rosenstein recusal
NEW: We've tallied all the gifts the justices have received over last 20 yrs plus others we've IDed but can't yet confirm & some prior to '04:
The total is staggering: 672 gifts valued at $6,592,657.
It pays to be a justice!
#MostPowerfulLeastAccountable
This is a major scoop & a significant piece of news.
We’ve been hearing from lower court judges they’re fed up with the poor ethical character displayed by Thomas specifically (& the rest of the Court more generally) & this could be a tipping point where more start to speak out.
NEW: After ethics complaints were lodged against Justice Clarence Thomas in 2011, a member of the federal judiciary's senior leadership body repeatedly raised concerns about how that was being handled internally
BREAKING TODAY: Baby Mary Doe and Baby Roe ask
#SCOTUS
to complete the unfinished work of Dobbs - - in the first such Supreme Court Petition to reach SCOTUS since they overruled Roe v. Wade. Press release and copy of our Supreme Court filing can be found at the links below. 1/3
Tomorrow we'll be filing a
#FOIA
appeal with the George W. Bush Library to expedite the release of 429,870 pages & 667,824 electronic files from Kavanaugh's time in the White House that the Library said would take 20 years (!) to process. Stay tuned!
So it's OK to withhold a million documents for 5 years — yep, we asked for Kavanaugh's staff secretary docs in spring 2017 — but its not OK to withhold a one-page spreadsheet for 10 minutes. Got it!
Did you know that Supreme Court justices used to serve ~15 years on average, but since 1970 they’re serving ~27 years & that number keeps rising?
No public official should have that much power for that long.
RT if you agree!
#MostPowerfulLeastAccountable
Documents from Kavanaugh's time as White House staff secretary were supposed to be off limits.
We've just received documents from Kavanaugh's time as White House staff secretary.
JUST IN:
#SCOTUS
says no same-day audio for Title VII (Oct. 8) & DACA (Nov. 12) args.
Our response: It's inexcusable that
#SCOTUS
continues to resist basic public access measures. The audience for these cases should not be limited to those in D.C. able to wait in line for hours.
“Setting a term of, say, 15 years would ensure that federal judges would not lose all touch with reality through decades of ivory tower existence,” -Memo from 1983 written by John Roberts, who marks 19 years on
#SCOTUS
today.
The best part about the new
#SCOTUS
Ethics Code is that you can lay it next to the lower courts' code &, based on changes to the latter, see exactly where the 9 excuse their own ethics lapses.
Justice Thomas’ vote in Moore is not shocking considering his wife has a stake in an LLC worth up to $1,000,000 that very likely has unrealized profits that can (still) be taxed, thanks to the holding of the majority
!
@ChrisMurphyCT
&
@RepHankJohnson
have reintroduced the Supreme Court Ethics Act.
It remains unfathomable that our top judges aren't req'd to follow a basic code of conduct.
#SCOTUS
adopting one — via leg. or self-imposing — wld send strong msg that they take ethics seriously.
🚨New
@FoxNews
poll: 78% of Americans support "limiting U.S. Supreme Court justices to 18-year terms."
The breakdown:
— 68% of Rs support; 30% oppose
— 77% of Is support; 23% oppose
— 89% of Ds support; 10% oppose
Poll ; crosstabs
Since 2011
@ChrisMurphyCT
has intro'd biennial Supreme Court Ethics Acts to require the justices to adopt a code of conduct. The language has changed a bit year to year but the goal is the same.
His 2017 bill called for SCOTUS to write a code within 180 days of enactment. 2/x
UPDATE:
@fedsoc
has changed name of 9/18 panel w Judge Ho from "The United States v. Texas" to "Representing the State of Texas" & description from "The focus on this panel will be on litigating against the feds including current litigation vs. Biden administration" to... (1/2)
Revealed: Justice Barrett's book publisher is Penguin Random House — just like Sotomayor, Gorsuch & Breyer.
Since 2009, PRH has paid these justices more than $4.5 million.
Yet how many times have the justices recused from PRH cases? Zero.
Something to watch.
INBOX: 40
#SCOTUS
practitioners who've argued 464 (!) cases before the justices ask CJ Roberts to make live audio for oral arguments the permanent policy of the court: .
Been thinking abt Roberts' "There are no Obama or Trump judges, no Clinton or Bush judges" line.
Pick ANY issue you care about that may reach
#SCOTUS
. Any issue.
You don't need briefs. You don't need argument.
You know EXACTLY how the case will come down. And that's a problem.
We're going to push for live audio for the travel ban case.
#SCOTUS
has the capability (see ) & the American people want to tune in, as was demonstrated by the exceedingly high interest in other appeals courts' travel ban cases
From 7% of Kavanaugh's records that've been released, we know he:
- Worked on legal justification for spying on Americans
- Doesn't think donation limit to candidates is constitutional
- Involved in WH response to Abramoff/DeLay/Libby scandals
That's why they're hiding the rest.
Waiting up to 2 years to learn about a federal judge's stock transactions doesn't pass the smell test, so we sent letters to all 13 circuit executives asking them to post their judges' securities on their bio pages
Net neutrality cases are a big deal. Yet by law, Chief Justice Roberts can't vote on them since he owns stock in media companies.
We are pleading with you, Mr. Chief Justice: sell your stocks & invest in blended funds & retirement accounts like most of your
#SCOTUS
colleagues.
Statement from FTC’s Gabe Roth: “Husbands & wives often have differing political views, but given the frequent counsel Justice Thomas has acknowledged he receives from his wife & the increased regularity with which Ginni has staked out positions on issues before SCOTUS... (1/2)
To all our new followers, we want to remind you that we’re a nonpartisan group working with Rs & Ds to make
#SCOTUS
more accountable. We don’t have a dog in the Kavanaugh fight & we’d be suing on
#FOIA
over a nominee’s records if it were a Dem. prez nominating a liberal judge
"It’s been a year since
@propublica
published its first groundbreaking investigative piece on Justice Thomas.
"But to its and our detriment, the court has yet to offer a response that measures up to the scandal." —
@gabe_roth
in Bloomberg
@opinion
👇
The judiciary must do more than just acknowledge its
#MeToo
moment; it should enact meaningful reforms to punish bad actors and protect victims. Here you can ask Congress to make sure the third branch follows through on its promises:
New from
@FreshTakeFla
: University of Florida spent hundreds of thousands on travel for highly paid GOP hires of then-President Ben Sasse, who permitted them to work from home in other states while commuting periodically to school's campus
@vivienneserret
..."The current and former Texas solicitors general will discuss their roles in representing the State of Texas over the last two decades."
Not great, but somewhat less "clearly runs afoul of the Codes of Conduct for U.S. Judges"... (2/2)
Tomorrow
#SCOTUS
hears a case in which some companies whose shares they own have signed briefs supporting 1 of the parties. Yet why do justices own individual stocks to begin with? Sign our petition saying they shouldn't play the market while on the bench
Major takeaway from today:
That Chief Justice Roberts is looking to draft a new Supreme Court-only ethics code shows that pressuring the justices - via legislation, letters & other direct action - works.
Cheered on by the 28K of you across the country, we will keep at it!
Fiona Apple is on fire right now. Asking you to join her in the fight for public virtual access to court in Maryland. Injustice happens in empty courtrooms. Explains how to call now & urge lawmakers to pass the law. Also this video is just the best. Watch:
And there it is—Mukasey gives away the game:
"If [the Ethics in Government Act] were ever litigated, I believe it would be found to be unconstitutional."
I.e., some justices aren't complying with it & there's nothing we can do bc push come to shove, SCOTUS would strike it down.
We've obtained US Marshals records from Scalia's 2016 TX trip, justices' summer travel & USMS protection policies, none of which have been previously released & all of which heighten our concern
#SCOTUS
may not have adequate security. Read them all here
"Transparency" is getting a lot of shoutouts during the Kavanaugh hearing so far.
If only there were a nonpartisan organization dedicated to increasing transparency in the federal judiciary?
As members of the
#SCOTUS
Bar listen to today's arguments live from the Lawyers' Lounge (), now's a good time to remind folks that the court actually has the capability to livestream audio online to the masses, but it refuses to do so for no good reason
"The majority disdains restraint, and grasps for power." — Justice Kagan, in dissent today
That's a line that's going to stick with a lot of us for a long time.
JUST IN: We've filed a complaint against DOJ for not complying with our
#FOIA
on U.S. Marshals-covered
#SCOTUS
travel .
Why did we do this? A brief thread: (1/4)
#SCOTUS
justices often brag about how >50% of their opinions are unanimous. Yet they lack unanimity when deciding whether to attend the
#SOTU
, and it reflects terribly on the court to see only a few of the 9 there. Either all should go or none should go. Figure it out.
Today changes nothing w/r/t our requests for Kavanaugh docs.
We obtained Gorsuch docs 5 mos. after his confirmation last year. If that’s also the case this time, so be it.
With an institution as opaque as
#SCOTUS
, vetting for justices’ conflicts doesn’t end after confirmation.
Vast majority of this is not new (saved you a click / just read the
@JaneMayerNYer
piece), but the Times' reporting that Ginni used Justice Thomas as a fig to get people to attend 2017 Eagle Forum (~$350/person) goes against the Code of Conduct for U.S. Judges. (1/2)
For the three decades that Clarence Thomas has sat on the Supreme Court, he and Ginni Thomas have worked in tandem to take aim at targets like Roe v. Wade and affirmative action. Her views, once seen as fringe, have come to dominate the Republican Party.
Does
#SCOTUS
feel left out?
Dozens of positions in the federal government have term limits. The justices, as well, should not be allowed to serve for life.
Read more here
JUST IN: Letter from
@RepMikeQuigley
(chair of
@AppropsDems
subcmte. in charge of judiciary's budget) to CJ Roberts requesting livestreaming of all
#SCOTUS
arguments: (1/2)
Ethics enforcement for the Supreme Court *passed the Senate* via bipartian vote in 1977 (TY
@mikemacagnone
for link).
R ayes:
— John Danforth (CThomas' mentor)
— Barry Goldwater
— Orrin Hatch
— Strom Thurmond
— Jesse Helms
D ayes:
— Pat Leahy
— Joe Biden
Justice Alito says Justices follow a code of ethics but do not feel bound by it. What does that mean in practice?
Justice Kagan says Justices follow the code of ethics. Why not formalize this then?
We believe our highest court should adhere to the highest ethical standards
👀 78% of Americans (!) want
#SCOTUS
term limits or a mandatory retirement age vs. only 22% who want to keep life tenure.
👀 And 58% of Americans say the confirmation process is broken.
Results from our new
#SCOTUS
term limits poll here:
Read the files released today by NARA due to our
#FOIA
suit here (today's part starts at row 103)
Read Kavanaugh's DOJ files, all from his time as staff secretary, which we weren't supposed to see, which we obtained anyway, here
When the judiciary's working group on sexual harassment was formed in December following the Kozinski revelations,
@uscourts
said it would produce a report with recommendations by May 1. Today is May 2. Where's the report?
"Surely there must be some better system than one that requires abused clerks to report their abuse to the courts or the friends and confidants of their abusers"
Former Clerk Olivia Warren reflects on her experience of harassment, and questions the judiciary's procedures.
The thing about the court reforms Biden is going to propose is they’re sure to be popular Across. The. Board.
Don’t believe what loud/weird blue ✔️s tell you; believe the polls...
E.g., on term limits (both righty):
2014 McLaughlin: 71% ⬆️, 21% ⬇️
2024 Fox News: 78% ⬆️, 21% ⬇️
BOOM! The FTC-backed
#SCOTUS
Ethics Act has made it in to HR 1, House Dems' 1st bill in new Congress that also aims to get $$$ out of politics, expand voting rights.
The bill requires justices to draft formal code of conduct & has been included in both D- & R-led bills in 115th.
Did you know there's a bipartisan bill that's passed
@HouseJudiciary
& would require live audio at
#SCOTUS
& live video in other appeals courts?
It needs your help to get to the floor! Tell your reps you'd like to see it head there before the session ends
O'Connor got 99 yea votes for
#SCOTUS
confirmation.
Scalia and Stevens got 98. Kennedy got 97. Ginsburg got 96.
Barrett will at most receive 51.
We can do better — and build a modern court that's not based in rank partisanship.
In 1954, JFK & LBJ voted w/ 43 Rs to end life tenure at SCOTUS.
In 1977, Thurmond & Goldwater voted to add SCOTUS to a judicial discipline bill.
In 2010s, Josh Hawley, Ben Carson & Andrew Yang called for 18-yr terms.
SCOTUS reform can bring ppl 2gether .
Courts using
@zoom_us
&c to broadcast arguments remotely:
🏛 Supreme Court of TX
🏛 KS Supreme Court
🏛 GA Supreme Court
🏛 TN Supreme Court
🏛 Many other top state cts
Courts NOT using
@zoom_us
&c to broadcast arguments:
🏛
#SCOTUS
Thank you, state courts, for your leadership!
The gift numbers will likely increase tomorrow when the justices — well, most of them; some may have asked for an extension — release their 2023 financial disclosure reports.
Stay tuned!
NEW: We've tallied all the gifts the justices have received over last 20 yrs plus others we've IDed but can't yet confirm & some prior to '04:
The total is staggering: 672 gifts valued at $6,592,657.
It pays to be a justice!
#MostPowerfulLeastAccountable
FTC's Gabe Roth argues in
@TheHill
that
#SCOTUS
justices should avoid an apparent conflict of interests & sell their tech stocks ahead of a major case next week involving Microsoft
We realize a lot of folks are only now learning about the problems w/ the judicial security bill thanks to last night's
@JaneMayerNYer
tweet, & we want to give credit to the folks at
@rcfp
@FreeLawProject
@CatoInstitute
for articulating said problems for many, many months. (1/2)
We wrote
@SenSasse
&
@SenBlumenthal
(chair & RM of
@SenJudiciary
's Courts Subcmte) to look into why
#SCOTUS
keeps forgetting conflicts & missing recusals. Since '15, Roberts (2x), Kennedy, Breyer & Kagan have failed to recuse from cases despite conflicts
HUGE: 11th Circuit becomes just the 3rd fed. appeals court to announce a permanent livestreaming policy (audio only) , joining 9th Circuit (video) & D.C. Circuit (audio only).
All other federal appeals courts permit live audio but only on an ad hoc basis.
@mjs_DC
@MikeSacksEsq
"Judge Barrett, will your husband commit - in contrast to some
#SCOTUS
spouses - to refrain from posting anti-Semitic content on social media?"
There are so many deserving nonprofits that are actually getting things done in the policy arena & then these clowns come along & raise $70 million dollars to do what exactly?
NEW: Inside No Labels planning for a 2024 presidential campaign: Joe Lieberman won’t say Biden is an acceptable candidate. Joe Manchin, Larry Hogan won’t rule out joining ticket. Bill Galston leaves the organization over fears the plan will help Trump.