Summary:
Close allies of President Trump are asking a judge to give the White House control over much of the federal court system.
In a little-noticed lawsuit filed last week, the America First Legal Foundation sued Chief Justice John Roberts and the head of the Administrative Office of U.S. Courts.
The case ostensibly proceeds as a FOIA lawsuit, with the Trump-aligned group seeking access to judiciary records. But, in doing so, it asks the courts to cede massive power to the White House: the bodies that make court policy and manage the judiciary’s day-to-day operations should be considered independent agencies of the executive branch, the suit argues, giving the President, under the conservative legal movement’s theories, the power to appoint and dismiss people in key roles.
Multiple legal scholars and attorneys TPM spoke with reacted to the suit with a mixture of dismay, disdain and laughter. Though the core legal claim is invalid, they said, the suit seems to be a part of the fight that the administration launched and has continued to escalate against the courts over the past several months: ignoring a Supreme Court order to facilitate the return of a wrongly removed Salvadoran man, providing minimal notice to people subject to the Alien Enemies Act, flaunting an aggressive criminal case against a state court judge.
The executive branch has tried to encroach on the power of the judiciary in other ways too, prompting a degree of consternation and alarm unusual for the normally-staid Administrative Office of U.S. Courts. As TPM has documented, DOGE has already caused disorder at the courts and sent out mass emails to judges and other judiciary employees demanding a list of their recent accomplishments. Per one recent report in the New York Times, federal judges have expressed concern that Trump could direct the U.S. Marshals Service — an executive branch agency tasked with protecting judges and carrying out court orders — to withdraw protection.
These are all facets of an escalating campaign to erode the independence of the judiciary, experts told TPM. The lawsuit demonstrates another prong of it: close allies of the president are effectively asking the courts to rule that they should be managed by the White House.
“It’s like using an invalid legal claim to taunt the judiciary,” Anne Joseph O’Connell, a professor at Stanford University Law School, told TPM.
“To the extent this lawsuit has any value other than clickbait, maybe the underlying message is, we will let our imaginations run wild,” Peter M. Shane, a constitutional law scholar at NYU Law School, told TPM. “The Trump administration and the MAGA community will let our imaginations run wild in our attempts to figure out ways to make the life of the judiciary miserable, to the extent you push back against Trump.”
