SCOTUS Ethics & Upcoming Term  

A recent NY Times report highlighting Chief Justice John Roberts’s behind-the-scenes actions is fueling ethical concerns about the Supreme Court. In sum, he used novel procedural mechanisms with no public transparency to steer the outcome of cases impacting former President Trump to his desired outcome. 

In February, Roberts criticized a lower court ruling on presidential immunity, urging the Court to take the case and outlining his preferred outcome. In March, he wrote an unsigned ruling allowing former President Trump to stay on Colorado’s election ballots. Though labeled unanimous, it lacked genuine consensus, with Justices voicing concerns over the creation of excessive hurdles to enforcing the Fourteenth Amendment insurrectionist ban.  Additionally, Roberts deviated from standard procedure by taking over the authorship of Fischer v. United States after reports concerning Justice Alito’s impartiality. 

These actions raise alarms about Roberts’s influence and underscore the need for transparency and accountability within the Court as the upcoming term begins on October 7. 

The Good News  

With a tight legislative calendar and competing priorities, the Senate is making progress on judicial nominations. Recently, the Senate confirmed four district court judges and one circuit court judge. Those confirmed included Adam Abelson (D. MD), Jeannette Vargas (S.D. NY), Laura Provinzino (D. MN), Kevin Ritz (6th Cir., TN), Mary Costello (E.D. PN), and Mary Kay Lanthier (D. VT).  

We are particularly pleased to see the confirmation of Mary Kay Lanthier (D. VT) Lanthier served as a supervising attorney at the Rutland County Public Defender’s Office. Through her extensive experience as a public defender, Lanthier will provide the bench with much-needed professional diversity. Read our letter of support. 

The following nominees were voted out of Committee today and are now ready for consideration on the Senate floor:  

While we applaud the recent confirmations and the Committee votes, we urge the Senate to prioritize a vote on some of our priority nominees who have been waiting for a vote the longest. 

What’s Next? 

Holding Court: Supreme Court Term Preview  

Join Alliance for Justice on Tuesday, October 8, from 6:30 to 8:30 pm ET for an in-person Holding Court event. Our panelists will explore the 2024-2025 Supreme Court term and its implications for the future of the United States. The event will be held on the rooftop of 2001 K Street NW, Washington, DC 20006.  

Featured panelists include Ari Melber, Emmy Award-winning journalist and host of MSNBC's The Beat, and Elie Mystal, writer and justice correspondent for The Nation. We’ll announce additional panelists in the coming weeks. Enjoy a reception with food and refreshments starting at 6:30 pm, followed by the speaking program at 7:15 pm, with audience questions at the end. 

As usual, the Justice Team is hard at work analyzing the cases before the Court and plans to release a Supreme Court Term preview before the event. Stay tuned! 

Senate Judiciary Committee Hearing on Trump v. United States 

‘When the President Does It, that Means It’s Not Illegal’: The Supreme Court’s Unprecedented Immunity Decision  

On Tuesday, September 24 the Senate Judiciary Committee will be holding a hearing on Trump v. U.S., which concluded that a sitting or former president–could not be held criminally liable for ‘official’ actions.  Tune in and join the chorus of Americans calling for Supreme Court reforms. 

Senate Judiciary Hearing, Sept. 25  

The Senate Judiciary Committee will soon schedule a hearing on Wednesday, September 25, where we anticipate progress on the following district court nominees who are awaiting consideration: 

Anthony Brindisi (N.D. NY)

Tiffany Johnson (N.D.GA)

Keli Neary (M.D.PA)

Elizabeth Coombe (N.D. N.Y)

Sarah Davenport (D.NM)

Sharad Desai (D.AZ)

These nominees deserve a fair hearing and to be moved through the confirmation process as quickly as possible.   

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