A legal group aligned with President Trump and founded by top aide Stephen Miller has filed a lawsuit against Chief Justice John Roberts, challenging the federal judiciary’s authority in certain administrative matters. The suit, brought by America First Legal (AFL), names Roberts in his capacity as head of the U.S. Judicial Conference, along with Robert J. Conrad, director of the Administrative Office of the U.S. Courts.
AFL argues that both the Judicial Conference and the Administrative Office have taken on regulatory functions that go beyond the judiciary’s constitutional role of resolving cases or providing administrative support. Specifically, the group claims these bodies acted outside their authority when they responded to congressional pressure in 2023 to address alleged ethical violations involving Justices Clarence Thomas and Samuel Alito, and helped implement a judicial ethics code.
According to AFL, such actions represent executive functions and, as a result, should place the Judicial Conference and Administrative Office under presidential oversight. The group also contends that the Judicial Conference should be subject to Freedom of Information Act (FOIA) requests, as it is operating like an executive agency.
Under this argument, AFL asserts that courts “do not create agencies to exercise functions beyond resolving cases or controversies,” and claims the current structure violates the separation of powers by allowing unelected judicial bodies to act independently of the executive branch.
The case has been assigned to U.S. District Judge Trevor N. McFadden, a Trump appointee. AFL attorney Will Scolinos said the lawsuit aims to reinforce constitutional boundaries while keeping the courts “out of politics.”
