Mike Davis, founder of the Article III Project and a former clerk for Supreme Court Justice Neil Gorsuch, has accused Chief Justice John Roberts of failing to stop what he describes as ājudicial sabotageā against President Donald Trumpās second-term agenda. Davis made the remarks during an interview on a podcast hosted by actor and comedian Joe Piscopo.
Davis referred to a recently filed lawsuit that targets Roberts in his role as head of the U.S. Judicial Conference, as well as Robert J. Conrad, director of the Administrative Office of the U.S. Courts. The lawsuit argues that both institutions have taken regulatory actions that exceed their constitutional authority. According to the complaint, these judicial bodies are meant primarily to adjudicate cases and provide administrative support for federal courts, not to engage in broader regulatory activity.
The lawsuit also claims that because of these alleged actions, records held by the Judicial Conference under Robertsā leadership should be subject to requests under the Freedom of Information Act (FOIA). The plaintiffs argue that if the Judicial Conference acts in a regulatory capacity, its records should be open to public disclosure.
During the interview, Davis criticized Roberts for failing to control lower federal courts that have issued a record number of nationwide injunctions blocking policies from the Trump administration. He argued that many of these rulings interfere with the presidentās Article II powers under the U.S. Constitution, which define executive authority.
Although Davis said he personally respects Roberts, he claimed the Chief Justice has not fulfilled his leadership role. He argued that by allowing what he calls āactivist judgesā to block executive actions, Roberts has enabled the courts to undermine presidential authority.
