Pro-Trump’s legal group, founded by White House aide Stephen Miller, is suing Supreme Court Secretary John Roberts.
The lawsuit was filed by the American First Legal Foundation against Roberts and Robert J. Conrad, director of the U.S. Court Administration, as official head of the U.S. Judicial Council.
The complaint accuses both the U.S. Judicial Conference and the U.S. Court Administrative Office of the United States of America for carrying out certain regulatory measures that go beyond the scope of a case or dispute resolution, or for supporting administrative support that claims they are “core functions” of the judiciary.
Thus, it argues that records held by the Roberts-led U.S. Judicial Conference should result in the end be subject to Freedom of Information Act or FOIA requests.
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Supreme Court Judges Samuel Alito, Clarence Thomas, Brett M. Kavanaugh, Amy Connie Barrett, Supreme Court Judges John Robertt, Elena Kagan and Sonia Sotomayor will be seen in Washington DC (Ricky Cariotia/Washington Kaliotivy Getton Images) at the 60th first ceremony on January 20, 2025.
The AFL cited in a recent lawsuit filed in 2023 by both the Judicial Council and the Administrative Bureau “responded” to requests from Congress, investigating allegations of ethical fraud by Justice Thomas and Alito, and subsequently investigating “ethical fraud allegations” to create or adopt a “ethical code” for the High Court.
“In our constitutional tradition, the accommodation in Parliament is the administrative department,” the AFL said, adding that “the Judicial Council and the Administrative Bureau are the executive branch.” Therefore, it must be overseen by the president, not by the court.
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White House Deputy Chief of Staff Stephen Miller will speak to a reporter outside the White House West Wing in Washington, D.C. on April 18, 2025. (Andrew Harnik/Getty Images)
The US Judicial Council is the national policy making body of courts. It is overseen by the Supreme Court Supreme Court judge and is tasked with making recommendations to Congress twice a year when necessary.
Meanwhile, the U.S. Court Administration is operated under the guidance and supervision of the Judicial Council. Its role is to provide administrative support to federal courts on specific administrative issues and on daily logistics such as budgeting and data compilation.
The AFL plaintiffs, led by lawyers, argued in their lawsuit that the obligations of the Judicial Council are “enforcement functions” and that the functions they assert must be supervised by the executive officer “appointed to other executive officers and accountable.”
Furthermore, the AFL argued that “the court will not conclusively create an institution that exercises its function beyond resolving cases and disputes or managing and supporting those functions.”
In their view, this is also sufficient to place the administrative office of US courts under the administrative officers, as it is overseen by the Judicial Council.
US President Donald Trump and US Attorney General Pam Bondy (L) arrive to speak to the Department of Justice in Washington, DC (Robert Schmidt/AFP via Getty) (Getty Images)
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Scolinos argued that the AFL’s proposed framework “not only maintains separation of power, but also keeps courts out of politics.”
Trump’s appointee, US District Judge Trevor N. McFadden, has been assigned to govern the case.
Breanne Deppisch is a national political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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