Group Founded by Trump Ally Stephen Miller Sues John Roberts in Bid to Control Courts

A legal group founded by White House aide Stephen Miller sued Chief Justice John Roberts in a brazen but unlikely attempt to seize control of the federal court system.

In the lawsuit filed last week, America First Legal (AFL) argued that the Judicial Conference of the U.S. and the Administrative Office of the U.S. Courts — two key judicial branch bodies that frame policy and handle the basic functions of the federal courts — are executive branch agencies.  

“Such agencies must be overseen by the President, not the courts,” the group, represented by attorney Will Scolinos, claimed, adding that the lawsuit “preserves the separation of powers but also keeps the courts out of politics.”

The Judicial Conference is a policymaking body for the lower federal courts established by Congress to promote public confidence in the integrity and impartiality of the judiciary. The Administrative office handles the nuts and bolts of the federal judiciary, like budgets and organizing court data.

AFL, which dubs itself “the long-awaited answer to the ACLU,” claimed the two judicial bodies are a part of the executive branch by filing Freedom of Information Act (FOIA) lawsuits against them. FOIA strictly applies to the executive branch and independent federal regulatory agencies, but not to Congress or the federal courts. 

The group named Roberts as a defendant because the Judicial Conference is headed by the chief justice. It named Robert Conrad, director of the Administrative Office, as a defendant.

The group argued that it’s necessary to bring the bodies under the executive branch because members of Congress, who have the constitutional authority to define most of the federal court system, asked the Supreme Court in 2023 to create or adopt an ethics code for justices.

The request was in response to allegations that Justice Samuel Alito and Clarence Thomas accepted, and did not disclose, lavish gifts from conservative figures who eventually had business before the court.

“Recently, the media and liberal lawmakers have sought to undermine the political independence of Article III Courts,” the lawsuit reads.

The lawsuit is a continuation of the Trump administration’s extensive effort to break down the separation of powers and usurp the constitutional powers of the other federal branches. In targeting the conference and administrative office, AFL is threatening both the courts’ independence and Congress’s authority to organize courts below the Supreme Court.

This is the second time AFL has attempted to FOIA the Judicial Conference and the Administrative Office. Last year, the group’s FOIA suit against the bodies quickly failed after the Supreme Court’s legal counsel said the information act did not apply to judicial branch entities.

Miller left AFL in January to rejoin the White House but has retained close ties to the group, which has not named a new president since his departure.

AFL recently promoted reporting from Axios indicating that the group is “a key part of Miller’s larger mission to make diversity, equity and inclusion (DEI) programs illegal across the country” and has “become a private enforcement arm of the White House’s assault on DEI.”

Correction: This story originally reported that America First Legal is led by Stephen Miller. In fact, Miller founded the group but left earlier this year to rejoin the White House. We regret the error.