First strike? A group created by Stephen Miller denounces Supreme Court Chief Justice

The dissatisfaction of Donald Trump and his closest entourage with several conservative members of the Supreme Court, especially its chief justice, John Roberts, has materialized in a lawsuit by America First Legal (AFL), a group created by Stephen Miller, a White House adviser. Among other allegations, the organization charges that Roberts cooperated with Congress to investigate fellow Supreme Court judges Clarence Thomas and Samuel Alito and to create or adopt a code of ethics for SCOTUS.

The complaint against Roberts stems from his status as head of the Judicial Conference of the USA. According to AFL, both Roberts and Robert J. Conrad, director of the Administrative Office of the Courts, took various policy actions that "go beyond the scope of resolving cases or controversies," or administratively supported such actions, which, they argue, are the "basic functions" of the judiciary.

The organization itself leaked the lawsuit exclusively to Fox News and echoed the news, explaining on its X account the accusations and criticism against the chief justice, in line with the complaints coming from the White House against "activist judges" who are blocking the president's agenda.

AFL argues that agreements with Congress are a matter for the president, not the courts

As contained in the brief, both the Judicial Conference and by the Administrative Office took steps in 2023 to "accommodate" requests by the Senate, controlled by Democrats at the time, to investigate accusations of ethical improprieties against Justices Thomas and Alito, and subsequently create or adopt a "code of ethics" for Supreme Court judges.

However, AFL notes that, "under our constitutional tradition, agreements with Congress are the province of the executive branch. The Judicial Conference and the Administrative Office are executive agencies," and therefore should be overseen by the president, not by the courts."

Oversight by executive officials

In addition, the AFL plaintiffs argued in their lawsuit that "the functions of the Judicial Conference are 'executive functions,'" which "must be supervised by executive officers 'who are appointed by and responsible to other executive officers.'"

AFL also expounded that "courts definitely do not create agencies to exercise functions beyond resolving cases or controversies or administratively supporting those functions."

U.S. District Judge Trevor N. McFadden, a Trump appointee, has been assigned to preside over the case.