Should the League of Women Voters have a public policy position on the federal judiciary? Join us on March 30 to discuss and decide.

A national study of the federal judiciary was approved by delegates at the 2024 LWVUS Convention. The Federal Judiciary Study (FJS) committee adhered to a fast-track timeline with the goal of announcing a national League position at the LWVUS 2025 Council in June.

What is a League position? A League position is established after members have studied an issue and achieved consensus on policies and practices that would best serve the public interest. League positions serve as the foundation for League action and ensure Leagues speak with one voice on issues.

What is consensus? Consensus implies member agreement. The consensus reached by members through research and group discussion is not a simple majority, nor must it be unanimous; rather, it is the overall sense of the group as expressed through the exchange of ideas and opinions.

What is the goal and scope of the FJS? To develop a LWV position on the federal judiciary as an essential component of US democracy. The FJS includes but is not limited to addressing concerns and clarifying judicial accountability, transparency, independence, and ethics. The scope addresses the US Supreme Court as well as the other Article III federal courts. The other Article III federal courts consist of 94 federal district courts (which include bankruptcy courts), and 13 circuit courts of appeals.

Click here for a consensus guide prepared by the FJS committee.

FJS Terminology: Click here for document containing key terms.

FJS Fact Sheet: The League of Women Voters of Montgomery County (LWVMC) has prepared a fact sheet to address topics that will be discussed and decided in the consensus meeting. Members are strongly encouraged to read the fact sheet and bring their questions and concerns to the meeting. Three LWVMC members who worked on the fact sheet will join us and serve as resources during our March 30 consensus meeting.

Other FJS Resources: The FJS committee prepared a series of briefs on particular, specific topics to help spark discussion. Please review any of the following that are of interest. If you'd like to discuss a specific brief during the March 30 meeting, please email your suggestion to [email protected].

Financial Disclosure

Judge Shopping

Judicial Ethics and Enforcement

Legitimacy and the US Supreme Court

Recusal

Representation

Shadow Docket

Stare Decisis and Binding Precedent

Structural Reforms for the US Supreme Court

FJS position statements to be considered:

Transparency is essential to an effective Federal Judiciary.

Accountability is essential to an effective Federal Judiciary.

Independence is essential to an effective Federal Judiciary.

Ethics is essential to an effective Federal Judiciary.

There should be binding universal standards of conduct for judges and Justices at all levels of the Federal courts.

Court hearings, documents filed in the court, and rulings for all federal cases should be open and available to the public.

There should be an effective enforcement mechanism for the Federal Judiciary code of ethics at all levels.

An enforcement mechanism should include a process to require a judge or Justice to recuse when a reasonable litigant would believe that the judge or Justice has a bias against any party or an issue raised in the case.

A judge or Justice’s decision and rationale to recuse or not recuse should be publicly disclosed in writing.

Federal judges and Justices should be subject to rigorous financial disclosure requirements, enforcement, and penalties for all financial benefits, including but not limited to income, gifts, paid speaking engagements, and book deals.

Stability of law (stare decisis) is a value that contributes to a strong democracy.

Public perception of the Supreme Court’s legitimacy contributes to a strong democracy.

Please reach out to [email protected] with any questions or concerns.  

NOTE: You must be a current LWVAAC member to participate in the consensus discussion. Non-members are welcome to observe.

Do you have a technical skill or expertise that you'd like to share with the League? Please let us know in your comments below.