In June 2025, the League of Women Voters of the U.S. (LWVUS) adopted a new national League position on the Federal Judiciary. The Federal Judiciary position was adopted using the long-standing League practice of grassroots study to arrive at member understanding and agreement. 321 Leagues representing 45 states and the District of Columbia participated in the study.

The Federal Judiciary position states that, within the bounds of the US Constitution, the overarching principles of transparency, accountability, independence, and ethics are essential to an effective federal judiciary. It notes that these principles are not only essential for a strong democracy but also foster public trust in the federal judiciary and adherence to the rule of law, which is the essence of our constitutional democracy.  This position also covers standards of conduct, criteria around disclosure, and respect for precedent.

The Federal Judiciary Study Committee, chaired by Kimberley Fraser, included League members with research, legal, and League expertise. The committee met during the fall of 2024 and produced extensive materials, including policy briefs, a glossary, and guidance on how to conduct a study that was posted on the League Management Site. The committee continued to draft study questions, which were then sent to state and local Leagues for meetings in February through mid-April.

Read the complete position statement below:

Statement of Position on the Federal Judiciary, as announced by the LWVUS board, June 2025

The League of Women Voters of the United States (LWVUS) believes that all powers of
the US government should be exercised within the constitutional framework of the
balance of powers among the three branches of government. The League believes that,
within the bounds of the US Constitution, the overarching principles of transparency,
accountability, independence, and ethics are essential to an effective federal judiciary.
These principles are not only essential for a strong democracy but foster public trust in
the federal judiciary and adherence to the rule of law, the essence of our constitutional
democracy.

For the federal judiciary, the League supports the essential principles of:
• Transparency: Federal court documents, proceedings, and rulings, including
those in “shadow docket” cases, should be open and available to the public
within the bounds of the law, recognizing the need for limited exceptions, such
as legally protected sensitive information.
• Accountability: Federal judges and Justices should be held legally and ethically
responsible for the integrity of their actions, with enforceable consequences for
violations.
• Independence: Federal judges and Justices should act in accordance with the
Constitution and statutory and case law, free from the influence of the other
branches of government and free from shifting popular and political opinion.
• Ethics: Federal judges and Justices should adhere to ethical standards of conduct
that apply universally at all levels of the federal courts. There should be a
meaningful enforcement process with judges and Justices subject to penalties for
failure to comply with the standards.

The League believes that standards of conduct for federal judges and Justices should
include requirements to disclose non-judicial income; other financial benefits including,
but not limited to, gifts and hospitality; and investment holdings. Federal judges,
Justices, and their partners or spouses should be subject to penalties for failure to
disclose accurately and in a timely manner.

The League believes that standards of conduct should include a process that requires a
judge or Justice to recuse themself upon evidence that a bias or reasonable perception of
a bias exists for or against any party or issue raised in a case. A judge’s or Justice’s
decision and rationale not to recuse, despite evidence raised in the court proceedings,
should be disclosed in the court’s record.

The League believes that respect for precedent (stare decisis) under most circumstances
contributes to a strong democracy and promotes predictability and stability of law. Stare
decisis does not mean precedents cannot or should not be overruled, but that such
instances should occur in exceptional circumstances.

The League believes that the elements of this position contribute to judicial integrity
and are essential to a strong democracy. These elements exemplify what the
League expects from the federal courts, building trust and buttressing the Courts’
legitimacy. Adherence to the principles of accountability, transparency, independence,
and ethics ensures both a strong federal judiciary and a stronger
democracy.