Search Registry

Ethical Lapses

— Voiced his opposition to tribunals for Guantanamo detainees weeks before the Court heard a case on that issue (from which he did not recuse, despite public outcry), saying, “We are in a war. We are capturing these people on the battlefield. [...] War is war, and it has never been the case that when you capture a combatant, you have to give them a jury trial in your civil courts. It's a crazy idea to me.” (2006)

— Attended Koch Industries-backed retreat in Palm Springs, Calif., at time in which Koch was bankrolling several litigants with cases before the Supreme Court. (2007)

— Addressed a closed-door, closed-press event, called a "Conservative Constitutional Seminar," hosted by the Tea Party Caucus. (2011)

— Along with Thomas, had dinner with Scott Pruitt, hosted by Leonard Leo, at a time when Pruitt, then Oklahoma attorney general, was lead attorney in an open case at the Court. (2013)

— During a speech in Brooklyn, and as he and his colleagues were weighing the very issue, said it’s “truly stupid” the Court would have the “last word” on whether an NSA surveillance program oversteps the bounds of the Fourth Amendment. (2014)

— Flew on a private plane, furnished by John Poindexter, from Houston to Marfa, Tex., to stay for free in a $700-per-night room on Poindexter’s ranch, where Scalia sadly passed away. A Poindexter-controlled company was a 2015 Supreme Court litigant in 15-150, Hinga v. MIC Group (cert. denied); Poindexter’s company, J.B. Poindexter & Co., owns MIC Group, and denial of cert. preserved Poindexter’s lower court win. (2015-16)

Source: Fix the Court (PDF)

Ethical Lapses

— Likened a Sen. Grassley proposal to create a judiciary inspector general’s office to Stalinism, saying that such oversight “is a really scary idea” that “sounds to me very much like [how] the Soviet Union was.” (2006)

— Was a featured presenter at the 100th anniversary gala of liberal magazine The New Republic. Worse, the event was underwritten by Credit Suisse, which earlier in the year was a party in a Court petition. (2014)

— Gave an interview to The New Republic in which she offered a dim view of a Texas anti-abortion law, HB2. The law was eventually challenged all the way to the Supreme Court, and Ginsburg did not recuse from the case. (2014-16).

— Performed a same-sex marriage while 14-556, Obergefell v. Hodges, was still under consideration by the Court. (2015)

— Called then-candidate Donald Trump a “faker” with “an ego” in an interview with CNN. Said she couldn’t “imagine what the country would be [like] with Donald Trump as our president” in an interview with the New York Times. Later apologized, saying, “My recent remarks [...] were ill-advised, and I regret making them. Judges should avoid commenting on a candidate for public office.” Ginsburg never recused from a case in which President Trump was a litigant. (2016; 2017-2020)

— Accepted a lifetime achievement award from the Genesis Prize Foundation, which came with a $1 million in prize money that she later donated, though judicial gift regulations cap the value of what may be accepted and then donated at $2,000. (2017)

— Accepted the $1 million Berggruen Institute prize for philosophy and culture (also said to have donated the money). (2019)

— Nothing wrong with justices voting but per a voter roll review in Jan. 2020 was registered as a Democrat. (2020)

Source: Fix the Court

Ethical Lapses

— Told the Senate Judiciary Committee during his confirmation hearing, “As we all know, in the United States political system of the early 2000s, what goes around comes around,” among other musings. Unclear what this was in reference to. (2018)

— Along with Alito, met with the head of the National Organization for Marriage at the Supreme Court. NOM submitted an amicus brief in the merits cases 17-1618, Bostock v. Clayton Co.; 17-1623, Altitude Express v. Zarda; and 18-107, R.G. & G.R. Harris Funeral Homes v. EEOC that were unresolved at the time. (2019)

Source: Fix the Court (PDF)

Ethical Lapses

— Gave a talk at Trump International Hotel in Washington to The Fund for American Studies. TFAS is an associate member of the State Policy Network, whose Illinois-based partner organization was at the time representing Mark Janus in a major union dues case, 16-1466, Janus v. AFSCME, that was argued the following year. (2017)

— Did not recuse in 19-560, Nicassio v. Viacom, et al. (cert. denied), where Penguin Random House was a party on the side of the respondents. Gorsuch has earned more than $650,000 from his PRH book contract since becoming a justice. (2019-20)

— Nothing wrong with justices voting but per a voter roll review in Feb. 2020 was a registered Republican. (2020)

— Did not recuse in 20-1227, Whitehead v. Netflix, et al. (cert. denied), where one of the respondents was “Unnamed Random House Publisher.” (2021)

— Spoke at a Florida Federalist Society event that was closed press and included appearances by Gov. Ron DeSantis and former Vice President Mike Pence. (2022)

Source: Fix the Court (PDF)

Recusals

— Justice Sotomayor failed to recuse in 12-965, Greenspan v. Random House, Inc, et al., despite  her book publishing contracts with Knopf Doubleday, a subsidiary of  Random House. (Random House merged with Penguin in July 2013). Missed recusal 4/15/13 (cert. denied); no action taken (FTC not founded until 11/12/14).

Source: Fix the Court

Ethical Lapses

— Hired unpaid interns in three-month stints over several years for various personal and Court-related tasks, before public criticism led to the end of the program; job description included “preparation of lunch and snacks for the Justice” and “run[ning] errands outside of the Courthouse (a driver’s license is a must).” (2010-2015)

— Did not recuse in 12-965, Greenspan, v. Random House (cert. denied), even though the respondent, her book publisher, had months before spent tens of thousands of dollars sending her around the country to promote her autobiography. (2013)

— Initially omitted from her 2016 disclosure six free or reimbursed trips she took that year, including one to the University of Rhode Island where the school paid for up to 11 rooms in one of the state’s fanciest hotels for her, her security detail and possibly some family friends; paid more than $1,000 for her round-trip flight; gave her a five-car motorcade from the airport; and ordered 125 copies of her autobiography to sell in the school bookstore. The five other free-trip omissions in 2016 were to the law schools of the University of Illinois, University of Minnesota and University of Wisconsin and to Rutgers University and the University of Alaska. The disclosure was amended in 2021 and madepublic in 2022. (2016-2022)

— Omitted from that same disclosure a Sept. 2016 swing through Colorado, with speaking engagements at the Tenth Circuit Judicial Conference (Colo. Springs), Metropolitan State University (Denver) and University of Colorado Law School (Boulder). (2016)

— Used taxpayer-funded Court staff to perform various tasks for her literary career, including planning book events and prodding universities and libraries to buy more copies of her books. (c. 2017-19; revealed in 2023)

— Did not recuse in 19-560, Nicassio v. Viacom, et al. (cert. denied), where Penguin Random House was a party on the side of the respondents. By this point, Sotomayor had earned more than $3 million from her book contracts with PRH since becoming a justice. (2019-20)

— Initially Did not recuse from merits case 19-518, Colorado Department of State v. Michael Baca, et al., despite her close friendship with Polly Baca, one of the respondents. After some months, she did recuse. (2020)

— Did not recuse in 20-1227, Whitehead v. Netflix, et al. (cert. denied), where one of the respondents was “Unnamed Random House Publisher.” (2021)

Source: Fix the Court (PDF)

Recusals

— Justice Alito failed to recuse in 12-842, NML Capital v. Argentina, despite  his receipt of a luxury vacation to Alaska from Paul Singer, the head  of NML Capital, in 2008 and Alito’s impartiality might reasonably being  in question (cf., 28 U.S.C. §455(a)). NML filed or was a respondent in  nearly a dozen SCOTUS petitions between 2007 and 2014, though this is  the only one for which cert. was granted. Missed recusal 1/10/14 (cert. granted); no action taken (FTC not founded until 11/12/14).

— Justice Alito failed to recuse in 17-290, Merck Sharp & Dohme Corp. v. Albrecht, despite owning shares in Merck; missed recusal on 6/27/17 (application to extend the time to file); reported and recused on 9/22/17, and then unrecused 10/26/18 after he sold his shares.

— Justice Alito failed to recuse in 20-6256, Valentine v. PNC Financial Services, et al., where one of the “al.” was PNC Bank, whose shares Alito owns. Missed recusal on 1/11/21 (cert. denied); reported 2/4/21; no further action taken.

— Justice Alito is also participating in Moore v. U.S. despite a conflict. An attorney on the cert. petition, David Rivkin, Jr., interviewed Alito for the Wall Street Journal in April 2023, when the petition was pending, and again in July 2023, just after the petition had been granted. Reported by various commentators, though most effectively in a letter from Sen. Dick Durbin to Chief Justice Roberts, on 8/3/23; Alito denied calls to recuse in a statement issued 9/8/23.

Source: Fix the Court

Ethical Lapses

— Did not recuse in merits case 07-582, FCC, et al., v. Fox Television, et al., despite holding 2,000 shares of Disney stock on behalf of his minor children. ABC, which Disney owns, was a party on the respondents’ side. (2008)

— Did not recuse in a series of petitions brought by hedge fund NML Capital against Argentina over a yearslong debt repayment fight, though NML’s principal, Paul Singer, paid for his private plane travel during a lavish 2008 Alaskan fishing trip in 2008. (2009-14; revealed in 2023)

— Reportedly disclosed the outcome of an open case, 13-354, Burwell v. Hobby Lobby, to friends over dinner; these friends became close to the justice and his wife during “Operation Higher Court” (described above). (2014; revealed in 2022)

— Did not recuse in merits case 17-290, Merck Sharp & Dohme Corp. v. Albrecht, despite owning shares in Merck. Eventually sold shares and unrecused. (2017-2018)

— Along with Kavanaugh, met with the head of the National Organization for Marriage at the Supreme Court. NOM submitted an amicus brief in the merits cases 17-1618, Bostock v. Clayton Co.; 17-1623, Altitude Express v. Zarda; and 18-107, R.G. & G.R. Harris Funeral Homes v. EEOC that were unresolved at the time. (2019)

— Attended Secretary of State Mike Pompeo’s taxpayer-funded Madison Dinner with other politicians and GOP donors. (2019)

— Along with Breyer, Did not recuse in 18-6644, Feng v. Komenda and Rockwell Collins, Inc. (cert. denied), though he owns shares in Rockwell’s parent company, United Technologies Corp. Said he had “no way of knowing” about the conflict since Rockwell didn’t file a response, which is spurious reasoning (i.e., FTC knew). (2019)

— Speech to Federalist Society annual convention included discussion on COVID’s impact on religious exercise at a time when cases concerning the topic remained active at the Court. (2020)

— Did not recuse in 20-6256, Valentine v. PNC Financial Services, et al. (cert. denied), where one of the respondents was PNC Bank, whose shares Alito owns. (2021)

— Attacked a journalist and the journalist’s article on the “shadow docket” during a live broadcast speech. (2021)

— Justified in an unprecedented Wall Street Journal op-ed his lavish 2008 Alaska trip with Paul Singer, Leonard Leo and GOP megadonor Rob Arkley II by downplaying the opulence of the lodge he stayed in and the wine he drank, which contradicts press reports, and justified the acceptance of ride in Singer’s private plane by saying it “would have otherwise been an unoccupied seat,” among other memorable lines. (2023)

— Sat for two Journal interviews with David Rivkin, Jr., an attorney on the petition in 22-800, Moore v. U.S., which was argued in Nov. 2023. The first interview occurred in April, when Rivkin’s cert. petition was pending, and the second occurred in July, just after cert. was granted. Alito did not recuse in the case. (2023)

— In the above interview, made comments about Supreme Court ethics legislation that is pending in the House and Senate. (2023)

Source: Fix the Court (PDF)

Recusals

— Chief Justice Roberts failed to recuse in 14-972, ABB Inc., et al. v. Arizona Board of Regents, et al., despite owning shares in Texas Instruments stock, a party on the ABB side; missed recusal on 10/5/15 (cert. denied), reported on 12/18/15. FTC identified this conflict two months after cert. was denied and brought it to the chief’s attention. No further action was taken.

— Chief Justice Roberts failed to recuse in 14-1538, Life Technologies Corp. v. Promega Corp., despite owning shares in Thermo Fisher Scientific, which owns Life Technologies; missed recusal on 12/6/16 (argued); reported and recused on 1/4/17.

— Chief Justice Roberts failed to recuse in 17-1287, Marcus Roberts et al. v. AT&T Mobility, despite owning shares in Time-Warner, which had merged with AT&T four days prior (likely a SCOTUS conference day); missed recusal on 6/18/18 (cert. denied). FTC identified this conflict five months after cert. was denied, and no further action was taken.

Source: Fix the Court

Ethical Lapses

— Did not recuse in 14-972, ABB Inc., et al. v. Arizona Board of Regents, et al. (cert. denied), despite owning shares in Texas Instruments stock, a party on the ABB side. (2015)

— Initially did not recuse in a merits case, 14-1538, Life Technologies Corp. v. Promega Corp., despite owning shares in Thermo Fisher Scientific, which owns Life Technologies; did recuse once the error was brought to his attention. (2016)

— Did not recuse in 17-1287, Marcus Roberts et al. v. AT&T Mobility (cert. denied), despite owning shares in Time-Warner, which had merged with AT&T. (2018)

— Did not recuse in in 22-800, Moore v. U.S., despite his stake in Caraheen Partners — i.e., an “interest that could be substantially affected by the outcome of the proceeding” (28 U.S.C. §455(b)(4)) — whose annual tax bill may drop due to a possible outcome of the case. (2023)

Source: Fix the Court (PDF)

Recusals

Justice Breyer failed to recuse in o. 14–840, FERC v. EPSA, despite owning shares in Johnson Controls, a party on the EPSA side; missed recusal on 10/14/15 (argued), reported and remained on case on 10/15/15. Breyer did not recuse at first, learned about the conflict the day after oral argument in FERC v. EPSA and then sold his stock – or his wife did – that day.

Source: Fix the Court

Ethical Lapses

— Did not recuse in merits case 14–840, FERC v. EPSA, despite owning shares in Johnson Controls, a party on the EPSA side. Breyer learned about the conflict the day after oral argument and sold the stock. (2015)

— Attended a $500-per-plate dinner at the University of Texas at Arlington with finance, legal and oil executives ahead of his talk at the school. The high price suggests the event was a fundraiser. (2016)

— Along with Alito, Did not recuse in 18-6644, Feng v. Komenda and Rockwell Collins, Inc. (cert. denied), though he owns shares in Rockwell’s parent company, United Technologies Corp. Said he had “no way of knowing” about the conflict since Rockwell didn’t file a response, which is spurious reasoning (i.e., FTC knew). (2019)

— Nothing wrong with justices voting but per voter roll reviews in Feb. 2020, Apr. 2022 and March 2024 was registered as a Democrat. (2020-2024)

— While asking a question during oral argument in a public charge case, gave away the result in 20-601, Cameron v. EMW Surgical Center, where Ky. Attorney General Daniel Cameron asked to intervene to defend a state law when no other governmental representative would defend it. (2022)

Source: Fix the Court (PDF)

Chief Justice Roberts failed to recuse in 14-1538, Life Technologies Corp. v. Promega Corp., despite owning shares in Thermo Fisher Scientific, which owns Life Technologies; missed recusal on 12/6/16 (argued); reported and recused on 1/4/17.

Source: Fix the Court

Justice Alito failed to recuse in 17-290, Merck Sharp & Dohme Corp. v. Albrecht, despite owning shares in Merck; missed recusal on 6/27/17 (application to extend the time to file); reported and recused on 9/22/17, and then unrecused 10/26/18 after he sold his shares.

Source: Fix the Court

Recusals

— Justice Kagan failed to recuse in 15–1204, Jennings v. Rodriguez, despite her previous work on the case; missed recusal on 11/30/16 (argued) and 10/3/17 (reargued); reported and recused on 11/10/17.

— Justice Kagan failed to recuse in 19-720, U.S. v. Briones, Jr.,  a juvenile life sentence case remanded to the Ninth Circuit on 5/3/21  in light of  the Court’s ruling in Jones v. Mississippi the previous  month. Kagan previously participated in an earlier version of this case,  09-1044, Briones and Briones, Jr., v. U.S., when she was U.S. solicitor general. @FedJudges identified this error on Twitter, and FTC e-mailed the SCOTUS clerk on 5/6/21. That afternoon, the Court noted the error in a letter to the 19-720 litigants.

Source: Fix the Court

Ethical Lapses

— Did not recuse from several Obamacare merits cases — including 11-393, NFIB v. Sebelius; 14-114, King v. Burwell; 19–840, California v. Texas — even though she was the U.S. solicitor general at the time the White House and her office were crafting the legal defense of the law. (2011, 2014 and 2020)

— Initially did not recuse in the (argued and reargued) merits case 15–1204, Jennings v. Rodriguez, despite her previous work on the case when U.S. solicitor general. Stepped aside when the error was brought to her attention. (2016-2017)

— A speech she gave at the University of Wisconsin Law School was part of its Dean’s Summit, which is an annual gathering for those who pledge to donate at least $1,000 per year to the school. Although she reported in her disclosure that she received free “transportation, hotels, meals,” she did not report as a gift her free ticket to a Wisconsin-FAU football game, where she sat in the Chancellor’s Box. (2017)

— Nothing wrong with justices voting but per voter roll reviews in Feb. 2020 and Apr. 2022 was registered as a Democrat. (2020-2022)

— Initially did not recuse in 19-720, U.S. v. Briones, Jr., a case that was remanded to the Ninth Circuit, even though she had previously participated in an earlier version of this case. (2021)

Source: Fix the Court (PDF)

Recusals

— Justice Kennedy failed to recuse in 17-269, Washington v. U.S., despite his previous work on the case; missed recusal on 1/2/18 (cert. granted); reported by SCOTUS and recused on 3/23/18.

Source: Fix the Court

Ethical Lapses

— Press reports indicate he spoke to the Trump presidential campaign as the campaign was compiling a list of prospective Supreme Court nominees. (2016)

— Initially Did not recuse in merits case 17-269, Washington v. U.S., despite his previous work on it as a lower court judge. Stepped aside once the error was identified. (2018)

Source: Fix the Court (PDF)