Parts of the Judiciary Should Be Subject to FOIA. But This Lawsuit Isn't the Way to Do It
By Gabe Roth, Fix the Court, Nov. 19, 2025
Under seemingly everyone’s understanding of federal open records laws — namely FOIA — the judiciary is exempt from them.
That is, everyone but America First Legal, which is suing the judiciary over an unanswered FOIA that concerns correspondence the Administrative Office of the U.S. Courts and the Judicial Conference purportedly had with Democratic members of Congress over recent SCOTUS ethics scandals.
The irony of this request is that, in the end, the AO and Judicial Conference ran interference for primary offender, deciding to drop the complaint against Justice Thomas for not reporting decades worth of gifts, free vacations and other perks on his financial disclosures. (Fix the Court is on record supporting a fine for Thomas’ omissions under the Ethics in Government Act and creating an enforceable ethics regime down the line but opposing harsher penalties like criminal liability or impeachment.)
AFL’s argument in the suit — D.D.C. Judge Trevor McFadden held a hearing today on the AO/JCUS motion to dismiss — boils down to its belief that when Congress, in 5 U.S.C. §551(1)(B), exempted “the courts of the United States” from FOIA, it was not exempting the ancillary bodies within the judicial branch that perform administrative functions, like the AO and JCUS.
Read more here.